Melissa on ERISA, UPDATE

Constant Readers,

My grumblings about how the Ninth Circuit was wrong to let the employer contribution provisions of the Health Care Security Ordinance go into effect seem to have been ignored by the Golden Gate Restaurant Association. Doesn't look like they are fixin' to appeal that decision. [UPDATE 1/24: Looks like the GGRA is looking to file an emergency petition with Justice Kennedy of the Supreme Court to get the 9th Circuit's emergency stay order overturned. The 9th Circuit was all, "Bring it!" and now the GGRA will be all, "Oh, it has been broughten!"]

But they should.

'Cause I was right.

And some smaht guys agree with me on this one. Edward Zelinsky, who is a law professor, ERISA expert, and a big fat Democrat (ok, I don't actually know if he is big or fat) just wrote an article about how the Ninth Circuit's decision was wrong. And how it won't be followed by other districts or the Supreme Court. And how this case actually hurts the cause of universal health care because it takes the focus away from where it should be: amending ERISA. And Professor Secunda, editor of the Workplace Prof Blog, seems to agree.

I hate to say it, but I told you so.

Who am I kidding? I love to say that...

--Melissa

UPDATE: After putting up this post, I received an email from Professor Zelinsky:

Ms. Griffin: I am 5'11" -- which I don't consider big. I weigh 186 lbs -- which is definitely not fat for my height. I am, as you say, a Democrat, though a very moderate one -- I ran Joe Lieberman's first campaign for the Connecticut state senate in 1970.

Thanks for clarifying, Professor!

Comments

[el Greco]

You ARE right, Melissa. But don't worry, cause Gary Danko's won't get hurt (and I am thankful for that), but the mom and pop small restaurants will dry up in a year or two. Who will get hit by the coming recession first? Not the high dollar, high class eateries. Your neighborhood joints that you counted on because they will be forced to increase prices and people eat out less when times are hard and pretty soon...poof! They're gone. But not to worry, Tommy-boy Ammiano, cause plenty of nice shiny new chain restaurants will be ready to move in!

Hey, anyone want to meet me in Noe Valley for a Grand Slam breakfast at a Denny's coming soon?

[:Sting:]

The gutless wonders at the Small Business Network have meekly submitted to this illegal ordinance, as you so effectively have pointed out. I'm forwarding your comments to the Restaurant Association. They must appeal this.

"Progressive" and those infatuated with 'em are creating a city of the rich/poor with measures like this one. So much for the self-proclaimed champions of the poor! Keep writing M.