. . . suggests the U.S. Court of Appeals for the Ninth Circuit. Last week a district court in San Francisco struck down that city's ordinance requiring that employers pay a certain amount for their employees' healthcare. The city immediately appealed to the Ninth Circuit on an emergency basis that ruling in Golden Gate Restaurant Association v. City and County of San Francisco. Two days ago the Ninth Circuit heard arguments in the appeal and the San Francisco Chronicle reports here on how those arguments were received by the three judge panel.
The appeals court hasn't ruled yet. But if the judges comments are a good weathervane, the district court's ruling may not stand up.
ERISA preemption: it's a fickle thing.