A federal judge in Green Bay is throwing out a lawsuit against provisions of the Affordable Care Act, which was filed by U.S. Senator Ron Johnson (R-WI).
Johnson, a Wisconsin Republican, argued that an ObamaCare rule forced him to treat his staff differently. Judge William Griesbach ruled Monday that Johnson and his aide Brooke Ericson did not have legal grounds to file the lawsuit, because they did not prove they were hurt personally.
Johnson was challenging a requirement that lawmakers and their official staff members use the ObamaCare exchanges to get their tax-subsidized health insurance. Those who are not official office staff still get their previous employee health benefits.
Johnson argued the rule forced him to choose which staff members are official and which are not. He also claimed that he was being forced to take part in a program he believes is illegal, and he would look bad to voters because his staff would get tax subsidies the general public does not receive.
Griesbach says Johnson’s beliefs about the legality of ObamaCare are not enough to win his lawsuit; and neither was the claim that voters would see him in a negative light.
Johnson said it was unfortunate that the judge dropped his lawsuit on a technicality, without going into the legal merits of it. His office says Johnson is consulting with lawyers before deciding whether to appeal.