The U.S. Supreme Court has denied the Golden Gate Restaurant Association’s appeal of a 9th Circuit decision that permits San Francisco to levy a punitive tax on businesses to fund its public-health bureaucracy.
I’ve previously challenged research produced at UC Berkeley, which concluded that the ordinance did not cost jobs. Plus, I’ve noted the job-killing effects of the Healthy San Francisco program in a series of blog-entries (here, here, and here).
The GGRA had argued that the city ordinance violated ERISA, the federal law that regulates job-based benefits. But that is all water under the bridge. Kathleen Sebelius, U.S. Secretary of Health & Human Services has formed a (small and exclusive) mutual admiration society for government-run health care with Gavin Newsom, Mayor of San Francisco, so this decision will surely be welcomed by her and all ObamaCare-backers.
Does this judicial failure to overturn a mandate in San Francisco allow us to handicap the success of the lawsuits against ObamaCare’s national mandate? Unlikely: The San Francisco lawsuit relied on a federal law, ERISA, whereas the anti-ObamaCare lawsuits rely on the U.S. Constitution.
Plus, ERISA is not really a very effective law, as I’ve written about previously. Strategically, it’s a weak foundation to rely upon, for those who advocate individual choice in health care.
Monday, June 28, 2010
Monday, June 21, 2010
Wednesday, June 16, 2010
Ok, everybody knows that they're likely to lose their health benefits, despite what the president has mistated again and again. But insurers are having to cut back commissions to brokers to comply with new ObamaCare regulations, as I discuss at StateHouseCall.
Tuesday, June 15, 2010
Yes, suggests the New York Times, in a remarkable article which I dissect at National Review Online.
Friday, June 11, 2010
Tuesday, June 8, 2010
The U.S. Department of Justice has settled antitrust allegations against a small group of orthopedic surgeons in Idaho. I suggest that the federal antitrust jurisdiction is inappropriate, at StateHouseCall.