U.S. Supreme Court Petition in San Francisco Health Care Benefits Case

Back in 2006, the City of San Francisco passed an ordinance requiring all businesses with 20 or more employees to pay a fee to help cover health care costs.  A restaurant group successfully argued that the law was preempted by ERISA.  The case is now on fast-track status in the 9^th Circuit, with briefs due in April and a possible ruling next summer.  Meanwhile, in a highly controversial ruling, a three-judge 9^th Circuit panel ruled that the city’s law can be enforced until the 9^th Circuit rules on the case.  Last Thursday, the restaurant association applied to the U.S. Supreme Court for an order vacating the 9^th Circuit’s ruling.  More to come on this interesting case.  Here is a New York Times article on the case.