Stephen Rosenberg, who knows better, provides the ERISA oxymoron of this young year with his comment from a blog post a few days ago: "well now, at some point, I am convinced, we are going to get the Supreme Court to weigh in on exactly when and when not states can regulate employers’ provision of health care to their employees in light of ERISA preemption."
Stephen, Stephen, Stephen. You and I pretty much agree on the preemption prospects for the employer mandate ordinance from the City of San Francisco. It doesn't have much hope. But to say that the Supreme Court will provide exact guidance about the scope of ERISA preemption? Dude, your credibility is on the line. Why not just go ahead and predict that next year astronomers will accurately measure the size of the Universe down to the millimeter?
I know, I know--you just got carried away. No thanks required. The ERISA nerd blogging community looks out for one another.