"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.