9th Circuit OKs City's Healthcare Access PlanThe U.S. Court of Appeals for the Ninth Circuit has decided in favor of the city's healthcare access ordinance.
The Golden Gate Restaurant Association, which was the group that filed suit against San Francisco over the City's trailblazing plan, could still appeal to the U.S. Supreme Court, a move that would cost beaucoup bucks all round.
Here's my favorite part of this recent ruling, written in delicious legalese:
"There may be better ways to provide healthcare that to require employers in the City of San Francisco to foot the bill. But our task is a narrow one and it is beyond our province to evaluate the wisdon ofthe Ordinance before us. We are asked only to decide whether Section 514 (a) of ERISA preempts the employer spending requirement of the Ordinance. We hold that it does not. The spending requirements do not establish an ERISA plan; nor do they have an impermissible connection with employers' ERISA plan,or make an impermissible reference to such plan. We therefore reverse the judgment of the district court and remand with instructions to enter summary judgement in favor of the City and Intervenors."
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