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Kennedy seeks response on ERISA plea

Supreme Court Justice Anthony M. Kennedy on Wednesday asked the city of San Francisco to respond, by 5 p.m. next Wednesday, to a plea by a restaurant association in that city seeking to block a local ordinance specifying minimum spending by employers on workers’ health care.   The Golden Gate Restaurant Association’s application (07A654) is discussed in this earlier post.  It argues that the city-county Health Care Security Ordinance is preempted by federal health benefit law (ERISA).