Obamacare Lawsuit Dismissed
Erika Villanueva | | Jul 22, 2014 05:12 AM EDT |
(Photo : Reuters)
Finding no substantial grounds for a lawsuit, a federal judge dismissed Senator Ron Johnson's on lawsuit against Obamacare on Monday.
The Wisconsin Republican senator and his legal aide, Brooke Ericson, sued in January congressional members and their staff obtaining health insurances under the Affordable Care Act, most commonly known as Obamacare.
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Johnson claimed that he was harmed because he was forced to choose which of his staff members will receive such subsidies, which tantamount to special treatment. The act, in his opinion, is illegal.
This was deemed insufficient by U.S. District Judge William Griesbach on Monday, ruling that Johnson and his staff did not have any reason to sue since they had not been injured in any way.
"Given that the plaintiffs receive, at worst, a benefit, they cannot claim to be injured under an equal protection theory," Griesbach stated in his decision.
The Office of Personnel Management created regulations on how legislators and their aides could obtain insurance under Obamacare.
Under the rules, only staffs that are working directly at an official office of congressional members are allowed to get insurance from a marketplace set up for small businesses in Washington.
According to Judge Griesbach, Johnson can opt not to designate his staff members to his congressional office to prevent the problem. Said classification is necessary for a staff member to qualify for the benefit under the rules set up by personnel management.
Johnson is yet to decide if he will file an appeal and is concerned that the 'overreach' by the Obama administration was not addressed in the ruling.
"Americans increasingly - and correctly - believe that their government in Washington is out of control, out of touch and lawless. By its decision today, the court has chosen not to address the important constitutional issues at hand," he said.
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