Moideen

OVERVIEW

United Health Care Benefits Trust (“UHBT”) provides health benefit plans to small businesses. The State of California is trying to regulate UHBT as an insurance company. Dean Moideen, a trustee of UHBT, and others filed this action against the California Insurance Commissioner, contending that the federal Employee Retirement Income Security Act (ERISA) preempts the California Insurance Code’s application to UHBT, and that the Commissioner violated a variety of Moideen’s constitutional rights. 1 The Commissioner and Moi-deen both moved for summary judgment. Moideen also moved to recuse the district judge. The district court granted the Commissioner’s motions and denied Moideen’s motions. Moideen appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Facts

UHBT began offering and providing health benefits to small businesses in October 1988. The UHBT trust was formally created in 1987 between Bayfield Corp. as trustor, and *1480 Dean Moideen as trustee, and has been amended three times. Under the current provisions of the trust, the decision-making authority lies at least formally with the “Benefit Committee.” The trust’s participants, who are a…