A 9th U.S. Circuit Court of Appeals panel gave San Francisco the green light Wednesday to enforce its new employer-funded health care program, staying a district court’s ruling that the ordinance is pre-empted by federal law.
“We conclude that the city has shown not only a ‘probability of success on the merits’ … but also a ‘strong likelihood of success on the merits,’” Judge William Fletcher wrote for the unanimous three-member panel. Judges Alfred Goodwin and Stephen Reinhardt joined in Fletcher’s decision.
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