District of Columbia v. Greater Washington Bd. of Trade, 506 U.S. 125, 2 (1992)

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126

DISTRICT OF COLUMBIA v. GREATER WASHINGTON BOARD OF TRADE

Opinion of the Court

under which a state law relating to an ERISA-covered plan would survive pre-emption if employers could comply with the law through separately administered exempt plans. Pp. 129-133. 292 U. S. App. D. C. 209, 948 F. 2d 1317, affirmed.

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 133.

Donna M. Murasky, Assistant Corporation Counsel of the District of Columbia, argued the cause for petitioners. With her on the briefs were John Payton, Corporation Counsel, and Charles Reischel, Deputy Corporation Counsel.

Lawrence P. Postol argued the cause for respondent. With him on the brief was John N. Erlenborn.*

Justice Thomas delivered the opinion of the Court. The District of Columbia requires employers who provide health insurance for their employees to provide equivalent health insurance coverage for injured employees eligible for

*Briefs of amici curiae urging reversal were filed for the State of Connecticut et al. by Richard Blumenthal, Attorney General of Connecticut, and Arnold B. Feigin, Assistant Attorney General, and Scott Harshbarger, Attorney General of Massachusetts; for the State of Oklahoma ex rel. Dave Renfro, Commissioner of Labor, et al. by Susan B. Loving, Attorney General, Rabindranath Ramana, Assistant Attorney General, Michael M. Sykes, and Kayla A. Bower; for the American Federation of Labor and Congress of Industrial Organizations by Marsha S. Berzon and Laurence Gold; and for the American Optometric Association by Bennett Boskey, Ellis Lyons, and Edward A. Groobert.

Briefs of amici curiae urging affirmance were filed for the United States by Solicitor General Starr, Deputy Solicitor General Mahoney, Christopher J. Wright, Allen H. Feldman, Nathaniel I. Spiller, and Deborah Greenfield; for the Chamber of Commerce of the United States by Mona C. Zeiberg and Hollis T. Hurd; for the Connecticut Business and Industry Association by Daniel L. FitzMaurice; and for the District of Columbia Insurance Federation by William A. Dobrovir and Lawrence H. Mirel.

Steven S. Zaleznick and Cathy Ventrell-Monsees filed a brief for the

American Association of Retired Persons as amicus curiae.

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