<nobr>Jun 10, 2009</nobr>

GGRA Files Petition Asking Supreme Court to Overturn San Francisco Health Mandate

The Golden Gate Restaurant Association (GGRA) on June 8 filed with the Supreme Court a petition for certiorari asking the Court to review the decision of the Ninth Circuit Court of Appeals in the case of the GGRA vs. City and County of San Francisco. ERIC earlier filed a brief amicus curiae in the Ninth Circuit on behalf of GGRA.

In general, GGRA argues that the Ninth Circuit ruling is in conflict with the Fourth Circuit ruling on pay or play laws, that the ordinance is preempted by ERISA, that the issue is of national importance, and if allowed to stand will undermine existing employer sponsored healthcare programs throughout the country.

Following the Ninth Circuit's March 9 decision to deny rehearing an earlier panel ruling holding that San Francisco's health security ordinance was not preempted by federal law, GGRA filed an emergency application with the Supreme Court requesting an order staying the mandate and vacating the stay of the district court. Supreme Court Justice Anthony Kennedy in his capacity as circuit justice for the Ninth Circuit on March 30 denied GGRA's request to stay the mandate allowing the City and County of San Francisco to collect employer contributions under its health care security ordinance.

The Supreme Court likely will not decide whether to take up the case until the fall term begins in October, and if accepted, the case likely will not be decided until Spring 2010. Until that time the spending mandate and administrative requirements of the health care security ordinance are in place. Consideration of the case comes at the same time that Congress is considering an overhaul of the health care system, including the possibility of providing greater control by states over some aspects of coverage including but not limited to compliance, insurance regulation, and risk pools.


Websites:

GGRA Petition for Certiorari

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