Federal Judge Throws Out GOP Senator’s Anti-Obamacare Lawsuit

FILE - In this Jan. 24, 2013 file photo, Sen. Ron Johnson, R-Wis. is seen on Capitol Hill in Washington. Enveloped by political gridlock, President Barack Obama is reaching out to rank-and-file Republicans, hosting G... FILE - In this Jan. 24, 2013 file photo, Sen. Ron Johnson, R-Wis. is seen on Capitol Hill in Washington. Enveloped by political gridlock, President Barack Obama is reaching out to rank-and-file Republicans, hosting GOP senators for dinner at the White House Wednesday night and then visiting Capitol Hill next week for separate meetings with Senate and House Republicans. (AP Photo/J. Scott Applewhite, File) MORE LESS
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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.

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Notable Replies

  1. Workin’ hard to keep benefits away from his staff.
    I hope one of his staffers pees in his morning coffee.

  2. Avatar for meri meri says:

    “Oh, and you’re an idiot, Ronbo.”

  3. He’ll appeal cause if you’re gonna be stupid, you’d better be tough.

  4. Johnson should have checked out the Judge before he filed suit. From Judgepedia:

    “Judge Griesbach was a panelist on “How to Impress or Annoy a Judge” at PINNACLE’s Litigation, Dispute Resolution, and Appellate Practice Section Institute in 2011. He suggested that following local rules goes a long way toward impressing judges and mentions “kitchen-sink” complaints (where numerous claims are made when there is just one or two focal points) as an annoyance.”

    This judge doesn’t like frivolous suits. Has even written a book on how not to annoy a judge.

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