San Francisco Can Begin Universal Health Care Plan
SAN FRANCISCO -- A federal panel of judges granted San Francisco the
right on Wednesday to put in place a key part of its universal health
care program as legal arguments about the first-in-the-nation plan
continue.
The unanimous decision, from a three-judge panel of the United States
Court of Appeals for the Ninth Circuit, allows the city to require
businesses with more than 20 employees to pay a fee to help cover
employees' health care costs, something city officials say will help
about 20,000 people without insurance.
The law, which passed the city's Board of Supervisors in 2006, had
been successfully challenged by a local restaurant trade group, which
argued that it would violate a 1974 federal statute that prohibits
conflicting local, state and federal benefit plans. That opinion was
seconded in late December by Judge Jeffrey S. White of Federal
District Court, who suspended the law, which was due to take effect on
Jan. 1.
But on Wednesday, Judge William A. Fletcher of the circuit court said
that the city had a "strong likelihood" to prevail in the case, and
granted a temporary stay of the district court order while the full
appeal is heard.
Joined by Judges Alfred T. Goodwin and Stephen Reinhardt, Judge
Fletcher wrote that "the balance of hardships tips sharply in favor of
the city," adding "that the public interest would be served by a
stay."
Dennis Herrera, the San Francisco city attorney, said the ruling would
greatly strengthen the health plan, which has already signed up nearly
8,000 residents.
Continue reading at New York Times
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