San Francisco city lawyers head back to court in the morning, trying to persuade the 9th Circuit Court of Appeals to set aside last week’s court ruling that the city can’t require employers to help pay for Healthy San Francisco. It’s disgraceful that the Golden Gate Restaurant Association challenged the employer mandate on this innovative plan to provide universal access to health care, the product of a compromise between Sup. Tom Ammiano and Mayor Gavin Newsom (a former GGRA member and the later beneficiary of the group’s political support).
But then again, there’s plenty of disgrace to go around here, and plenty of chances for San Francisco political leaders to fix the situation. You see, the judge ruled that the city plan violated the federal Employee Retirement Income Security Act, which prohibits cities and states from demanding more of employers than the federal government has been willing to do. It’s similar to a federal law that prohibits California from enacting tougher fuel efficiency standards than the feds require. In both cases, the laws favor corporate profits and convenience over reasonable labor and environmental standards.
It’s probably not likely that the 9th Circuit will tomorrow rule that the city can make employers pay their fair share for Healthy San Francisco pending appeal. But the last time I checked, wasn’t the Speaker of the House from San Francisco? If the courts rule that good city and state policies keep running afoul of bad federal laws, maybe it time to do something about those bad federal laws. What do you say, Madame Speaker?