A federal judge dismissed a lawsuit on Monday from Sen. Ron Johnson (R-WI) that challenges Obamacare and the Obama administration’s decision to keep the government-subsidized insurance that Congress receives under the law.
The Milwaukee Journal Sentinel reported that U.S. District Judge William Griesbach ruled that Johnson did not have legal standing to challenge the policy. The Obama administration decided last year to allow Johnson and others on the Hill to continue receiving government-provided employer contributions when, as required by Obamacare, they purchase health coverage through its insurance marketplaces.
“Given that the plaintiffs receive, at worst, a benefit, they cannot claim to be injured,” Griesbach wrote.
Johnson’s lawsuit was the continuation of the GOP’s stance during the fall’s government shutdown, when they also targeted the administration decision. As TPM reported earlier this month, part of Johnson’s argument for standing was that he could be hurt politically because he would be given a “favored status” under the law.
Johnson and other Republicans have argued that Obamacare’s language does not allow members and their staffs to continue receiving the employer subsidies. The GOP attached several riders reversing the administration’s policy during the shutdown.
Johnson is reviewing the decision before deciding whether to appeal, according to the Journal Sentinel.