:: Ninth Circuit Decision In Golden Gate Restaurant Association v. San Fransisco – Further Analysis, More Doubts

The WorkPlace Prof Blog calls attention to further analysis of the recent Ninth Circuit panel’s decision to issue a stay in  Golden Gate Restaurant Association v. City and County of San Fransisco et al.by Edward A. Zelinsky.  Professor Zelinsky’s article, ERISA Preemption in the City by the Bay: It is Time for Congress to Act, notes that:

On the merits, the Ninth Circuit’s reasoning does not persuasively implement the ERISA preemption case law of the U.S. Supreme Court. Consequently, the Ninth Circuit’s opinion will not be followed by other appeals courts nor will it ultimately be sustained by the U.S. Supreme Court.

In a previous article, “The New Massachusetts Health Law: Preemption and Experimentation” (available on SSRN), Professor Zelinsky has illustrated with ample references to Supreme Court authority the flaws in the Massachusetts legislation.   His work provides an invaluable reference source for anyone seeking to understand the preemption issues raised by current healthcare reform initiatives at the state and local level.  Thanks to Paul Secunda at the The WorkPlace Prof Blog for referring us to this work.


  1. Edward A. Zelinsky says:

    Mr. Harmon:

    FYI. I have published a longer piece of the 9th circuit’s decision on SSRN. It will also be published in State Tax Notes. The SSRN cite is:
    Ed Zelinsky