Roll Call: Latest News on Capitol Hill, Congress, Politics and Elections
August 31, 2015

Federal Judge Tosses Ron Johnson’s Obamacare Lawsuit

(Bill Clark/CQ Roll Call File Photo)

(Bill Clark/CQ Roll Call File Photo)

A federal judge based in Green Bay has tossed a Sen. Ron Johnson’s Obamacare lawsuit targeting the health benefits for members of Congress and their staff.

The court dismissed the lawsuit, which contended the Obama administration decision to grant employer contributions for health plans purchased through the District of Columbia’s Obamacare health exchange ran afoul of the law.

Chief Judge William C. Griesbach of the Eastern District of Wisconsin ruled that Johnson and fellow plaintiff Brooke Ericson lacked standing, siding with the argument made by the government’s lawyers.

In making his judgement, Griesbach worked through several arguments that explained how the Office of Personnel Management regulation harmed the plaintiffs, finding none of them persuasive.

“The question of the legality of the regulation has not been determined yet; although Plaintiffs believe the regulation is unlawful, such a belief cannot be enough to create standing because that would open the door to any uninjured party who had a generalized grievance with a government regulation,” the judge wrote. “Under such an approach, there would be no principled limit on standing because a plaintiff need only allege a belief that the challenged regulation is illegal.”

Griesbach also dismissed the idea that the subsidized health care itself constituted an injury, rather than a benefit.

“Even assuming that one or both Plaintiffs selected a Gold-tier plan on the DC SHOP Exchange and received the subsidy as allowed under the OPM rule, it is hard to understand how this would constitute an ‘injury’ to either person,” Griesbach wrote.

Johnson, a Republican from Wisconsin, responded to the judge’s ruling in a statement highlighting that the court did not reach the substantive question in the case, dismissing it (as the Obama administration had argued it should be) based on lack of standing.

“The Obama administration violated its own signature health care law by giving special treatment to members of Congress and their staffs. I believe that this executive action by the Obama administration is unlawful and unfair, and that it is only one of many examples of this president’s abuse of his constitutional duty,” Johnson said in a statement. “Unfortunately, those actions will go unchallenged for now, because the district court granted the administration’s motion to dismiss based on the legal technicality of standing.”

Johnson was not prepared to announce a next move as of Monday evening. Another senator, Republican David Vitter of Louisiana, has pursued the issue from a different angle, regularly seeking votes on an amendment that could negate the OPM rule.

“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. My legal team and I will carefully review the decision before determining our next step in this important constitutional dispute,” Johnson said.

“First, there is nothing in the Constitution stipulating that all wrongs must have remedies, much less that the remedy must lie in federal court,” Griesbach wrote. “In fact, given the Constitution’s parsimonious grant of judicial authority, just the opposite is true.”

Comments (65)

Leave a Comment

Your email address will not be published.

author email

  1. Unsooper

    July 21, 2014
    11:43 p.m.

    Government breaks the law? No problem, absolutely no one has standing. After all, if the federal government doesn’t want to prosecute itself then no one must ever be injured otherwise the DoJ would have leapt into action to protect the injured and catch the criminal and they haven’t so there must not have been any laws broken or else someone would have standing. The reasoning here is precisely backwards. Nice racket.
    Let it burn. Why bother?

    • Imma Commenter

      July 22, 2014
      9:15 a.m.

      That was hilarious…thanks for the laugh!

  2. ADR

    July 22, 2014
    9:51 a.m.

    Another example of courts ruling, not in case law, but activism by changing law as this Obama regime desires. Indeed we have judges ‘run amuck’ that shows how our universities change fragile minds to mush. If We The People are to regain our Freedoms & Liberties, we will have to do it through righteous education and bravery.

    • stevenharnack

      July 22, 2014
      4:01 p.m.

      “universities change fragile minds to mush” Right, much better to never crack a book and to just “know” things. How about if you articulate just a couple of those “Freedoms and Liberties” that we have lost and need to regain instead of just spouting pseudo-knowledge psycho babble? And by the way, most of us have minds that aren’t nearly as fragile as yours seems to be.

      • ADR

        July 22, 2014
        5:21 p.m.

        Sorry for your lack of knowledge, or perhaps the blinders due to associations w/CNN, MSNBC, NBC, and liberal web sites.

  3. Zed

    July 22, 2014
    10:56 a.m.

    You don’t get to sue if you’ve suffered no injury. That’s a no-brainer. Also, the contention that executive orders are somehow illegal is absurd. All presidents beginning with George Washington have issued executive orders.

    • Mark Woodworth, Ph.D.

      July 28, 2014
      9:52 a.m.

      An apologists for un-Constitutional orders!I think Obowmao has lost about 20 challenges to his expansion of federal powers.

  4. Trotter76

    July 22, 2014
    12:08 p.m.

    Bravo dedwardfarrar, but you’re preaching to the willfully ignorant. You can’t believe that facts, precedent and legal knowledge will change the mind of one who believes “amok” is spelled “amuck”, do you?

  5. ShadrachSmith

    July 22, 2014
    12:54 p.m.

    Fair point, the rules of judicial interpretation should be followed. Obama lost the Halbig case wherein the DC circuit ruled that the that the intent of Congress is expressed in the language of the law. Obama was arguing that the wording of the law was something other than the clear intent of congress.

    I’ll trade you the one win for the other :-)

    • Gauss

      July 22, 2014
      7:32 p.m.

      The win that will be overruled by the entire dc circuit, and the Supreme court wont hear because the 4th circuit and dc circuit will agree.

  6. mariadlewis

    July 23, 2014
    2:03 p.m.

    Start working at home with Google! It’s by-far the best job I’ve had. Last Wednesday I got a brand new BMW since getting a check for $6474 this – 4 weeks past. I began this 8-months ago and immediately was bringing home at least $77 per hour. I work through this link, go to tech tab for work detail

    ✒✒✒✒✒✒✒✒✒✒ http://www.Jobs7000.Com

    ==================================

  7. Pie Thon

    July 26, 2014
    2:27 p.m.

    Obongo’s a communist. And he’s not even a very bright one.

  8. Mark Woodworth, Ph.D.

    July 28, 2014
    9:51 a.m.

    I think a taxpayer should have standing in every federal law suit that costs our money.

  9. Plow Comms

    July 28, 2014
    11:30 p.m.

    In this YouTube video we find a dangerously delusional Hussein Obama claiming that he will magically slow the rise of the oceans and impel the earth to heal: http://youtu.be/_AvqORJpKxU?t=5m2s

  10. Anonymous

    July 4, 2015
    1:26 p.m.

    As a Newbie, I am always browsing online for articles that can be of assistance to me. Thank you

    http://www.furtdsolinopv.com/

  11. Anonymous

    July 7, 2015
    11:01 p.m.

    Good info. Lucky me I reach on your website by accident, I bookmarked it.

    http://shaudpuuu0.newsvine.com/_tps/_author/profile

  12. Anonymous

    July 9, 2015
    10:44 a.m.

    Hi my family member! I want to say that this post is amazing, great written and come with approximately all vital infos. I would like to see extra posts like this .

    http://www.uky.edu/design/index.php/students/blog_entry/intercambio_de_enlaces_y_google_panda/

  13. Anonymous

    July 18, 2015
    4:38 a.m.

    Wohh precisely what I was looking for, appreciate it for putting up.

    https://community.intuit.com/users/3464720-blakenoel1122

  14. Anonymous

    July 19, 2015
    9:38 a.m.

    As a Newbie, I am permanently exploring online for articles that can be of assistance to me. Thank you

    http://www.sdorttuiiplmnr.com/

  15. Anonymous

    July 20, 2015
    2:39 p.m.

    Hey there! I just would like to give you a big thumbs up for your great info you have got here on this post. I am coming back to your site for more soon.
    ルイヴィトンタイガ長財布 http://www.sigmakappauga.com/qg25-rc8ie.htm

  16. Anonymous

    July 21, 2015
    5:32 a.m.

    I am glad for writing to let you be aware of of the amazing discovery my girl went through using your webblog. She even learned plenty of details, which include what it’s like to have an excellent teaching mindset to have other individuals really easily comprehend certain grueling topics. You really did more than her desires. Thanks for supplying those useful, trustworthy, edifying and even easy thoughts on this topic to Janet.

    http://lowcostautoquotes.com/low-cost-car-insurance.html

  17. Anonymous

    July 24, 2015
    10:47 a.m.

    I really like your writing style, good info , thankyou for putting up : D.

    http://split.us

  18. Anonymous

    July 24, 2015
    7:02 p.m.

    Hi there! This post couldn’t be written any better! Reading through this post reminds me of my previous room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thank you for sharing!

    https://bestplumbers.com

  19. Anonymous

    July 24, 2015
    9:32 p.m.

    Appreciate it for helping out, great information. “Riches cover a multitude of woes.” by Menander.

    https://bestplumbers.com

  20. Anonymous

    July 25, 2015
    6:36 a.m.

    Of course, what a magnificent website and revealing posts, I surely will bookmark your website.All the Best!

    http://www.sdorttuiiplmnr.com/

  21. Anonymous

    July 25, 2015
    9:25 p.m.

    Im not certain where you’re getting your information, but great topic. I must spend a while studying much more or working out more. Thank you for wonderful info I used to be searching for this information for my mission.

    http://connect.nola.com/user/bomber91okra/index.html

  22. Anonymous

    July 26, 2015
    9:43 a.m.

    Wow, amazing blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your website is great, as well as the content!
    ルイヴィトンモノグラムショルダーバッグ中古 http://www.thietkepro.vn/cfmps/pu68-ty8qf.asp

  23. Anonymous

    July 26, 2015
    8:52 p.m.

    Awesome things here. I’m very satisfied to see your article. Thank you so much and I am looking ahead to touch you. Will you kindly drop me a e-mail?
    ルイヴィトンダミエバッグ白 http://www.eclipses.es/eclipsess/er25-xe1iu.asp

  24. Anonymous

    July 26, 2015
    9 p.m.

    Hello, i think that i saw you visited my site thus i came to “return the favor”.I’m attempting to find things to improve my website!I suppose its ok to use some of your ideas!!
    ルイヴィトンバッグカタログzip http://www.morvensolutions.com/interface/nr91-tb7us.asp

  25. Anonymous

    July 28, 2015
    6:51 a.m.

    You have remarked very interesting points! ps decent site.

    http://www.sdorttuiiplmnr.com/

  26. Anonymous

    July 28, 2015
    7:11 a.m.

    Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more from this post. I am very glad to see such excellent info being shared freely out there.

    http://www.sdorttuiiplmnr.com/

  27. Anonymous

    July 30, 2015
    4:12 p.m.

    Undeniably imagine that which you said. Your favorite justification appeared to be on the web the simplest factor to bear in mind of. I say to you, I certainly get annoyed at the same time as folks think about worries that they plainly do not know about. You managed to hit the nail upon the highest and also outlined out the whole thing without having side effect , other people can take a signal. Will likely be back to get more. Thanks

    http://brookereviews.com/product/david-andrews-diabetes-destroyer-review-10-features-you-should-know/

  28. Anonymous

    July 30, 2015
    4:14 p.m.

    Good info. Lucky me I reach on your website by accident, I bookmarked it.

    http://stylewithshannon.com/custom-chinese-chop-and-digital-chinese-seal-design/

  29. Anonymous

    July 30, 2015
    5:53 p.m.

    You made some good points there. I looked on the internet for the issue and found most individuals will approve with your blog.

    http://brookereviews.com/product/children-learning-reading-program-jim-yang-review-legit-scam/

  30. Anonymous

    July 31, 2015
    10:52 a.m.

    You really make it seem so easy together with your presentation but I find this matter to be actually one thing which I think I might by no means understand. It sort of feels too complex and very broad for me. I am looking forward to your next publish, I’ll try to get the cling of it!

    http://hotel-guitar.pl

  31. Anonymous

    July 31, 2015
    12:40 p.m.

    you have a great blog here! would you like to make some invite posts on my blog?

    http://domweselnywarszawa.eu/

  32. Anonymous

    July 31, 2015
    2:26 p.m.

    Some really select articles on this web site, bookmarked.

    http://noclegzoliborz.pl/

  33. Anonymous

    Aug. 2, 2015
    11:38 a.m.

    You can certainly see your skills in the work you write. The world hopes for even more passionate writers like you who are not afraid to say how they believe. Always go after your heart.

    http://www.consultdustry.com

  34. Anonymous

    Aug. 6, 2015
    9:30 a.m.

    I’m not that much of a online reader to be honest but your blogs really nice, keep it up! I’ll go ahead and bookmark your website to come back later. All the best

    http://quotesautoinsurance.org/compare-auto-insurance-rates-by-zip-code.html

  35. Anonymous

    Aug. 6, 2015
    9:40 a.m.

    Great post and right to the point. I don’t know if this is in fact the best place to ask but do you people have any ideea where to employ some professional writers? Thanks :)

    http://quotesautoinsurance.org

  36. Anonymous

    Aug. 7, 2015
    2:54 a.m.

    As a Newbie, I am permanently exploring online for articles that can aid me. Thank you

    http://www.sdorttuiiplmnr.com/

  37. Anonymous

    Aug. 7, 2015
    6:06 a.m.

    I like this blog very much, Its a very nice situation to read and receive information. “What is called genius is the abundance of life and health.” by Henry David Thoreau.

    http://www.sdorttuiiplmnr.com/

  38. Anonymous

    Aug. 7, 2015
    8:12 a.m.

    hi!,I like your writing so much! share we communicate more about your post on AOL? I require a specialist on this area to solve my problem. May be that’s you! Looking forward to see you.

    http://quotesautoinsurance.org

  39. Anonymous

    Aug. 7, 2015
    9:52 a.m.

    Hey just wanted to give you a quick heads up. The words in your article seem to be running off the screen in Chrome. I’m not sure if this is a formatting issue or something to do with browser compatibility but I figured I’d post to let you know. The design look great though! Hope you get the problem resolved soon. Many thanks

    http://topcheapinsurance.com

  40. Anonymous

    Aug. 9, 2015
    7:16 p.m.

    Simply wanna tell that this is very useful, Thanks for taking your time to write this.

    http://eblogtip.com/get-paid-taking-pictures-review-michael-davis-9-things-you-should-know

  41. Anonymous

    Aug. 9, 2015
    10:55 p.m.

    Its like you learn my mind! You seem to understand a lot about this, such as you wrote the e-book in it or something. I feel that you just could do with some p.c. to pressure the message home a bit, but instead of that, that is fantastic blog. A fantastic read. I’ll definitely be back.

    http://brookereviews.com/product/children-learning-reading-program-jim-yang-review-legit-scam/

  42. Anonymous

    Aug. 12, 2015
    5:11 p.m.

    Thanks for this marvelous post, I am glad I detected this internet site on yahoo.

    http://topcheapinsurance.com/companies-insurance-united-states.html

  43. Anonymous

    Aug. 17, 2015
    8:52 p.m.

    After study a few of the blog posts on your website now, and I truly like your way of blogging. I bookmarked it to my bookmark website list and will be checking back soon. Pls check out my web site as well and let me know what you think.

    http://wendylederman.neocities.org/CarlosBurbach.html

  44. Anonymous

    Aug. 17, 2015
    11:57 p.m.

    Wow! This could be one particular of the most helpful blogs We have ever arrive across on this subject. Basically Magnificent. I’m also a specialist in this topic therefore I can understand your effort.

    http://johnnylawrence.nation2.com/index.php

  45. Anonymous

    Aug. 18, 2015
    2 a.m.

    You are a very bright individual!

    http://kwiksurveys.com/s/gktj67ux

  46. Anonymous

    Aug. 19, 2015
    9:57 a.m.

    At this time it sounds like BlogEngine is the preferred blogging platform available right now. (from what I’ve read) Is that what you’re using on your blog?

    http://www.sdorttuiiplmnr.com/

  47. Anonymous

    Aug. 19, 2015
    10:44 a.m.

    Wohh just what I was looking for, thanks for posting.

    http://panswietymikolaj.blog.pl/

  48. Anonymous

    Aug. 19, 2015
    10:49 a.m.

    I’m truly enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a developer to create your theme? Great work!

    http://santaletterkuba.bravesites.com

  49. Anonymous

    Aug. 19, 2015
    11:05 a.m.

    I am often to blogging and i really appreciate your content. The article has really peaks my interest. I am going to bookmark your site and keep checking for new information.

    http://weihnachtsmannvideo.weebly.com/weihnachtsmann.html

  50. Anonymous

    Aug. 20, 2015
    3:05 a.m.

    Real informative and fantastic bodily structure of content, now that’s user pleasant (:.

    http://www.sdorttuiiplmnr.com/

  51. Anonymous

    Aug. 22, 2015
    1:13 p.m.

    I think the admin of this website is in fact working hard in favor of his web page, for the reason that here every data is quality based information.
    Cheap Oakley Frogskins Sale http://www.herbashakes.com.br/perfil/ndnpt/rz85ot5uu.asp

  52. Anonymous

    Aug. 24, 2015
    8:04 a.m.

    I was very pleased to search out this net-site.I wanted to thanks to your time for this wonderful read!! I positively enjoying every little little bit of it and I have you bookmarked to take a look at new stuff you weblog post.

    http://quotesautoinsurance.org/primerica-insurance.html

  53. Anonymous

    Aug. 24, 2015
    8:54 a.m.

    you have a great blog here! would you like to make some invite posts on my blog?

    http://quotesautoinsurance.org/primerica-insurance.html

  54. Anonymous

    Aug. 24, 2015
    1:41 p.m.

    I got what you mean ,bookmarked, very decent internet site.

    http://quotesautoinsurance.org/primerica-insurance.html

  55. Anonymous

    Aug. 25, 2015
    7:50 a.m.

    I don’t even know the way I stopped up here, however I believed this put up used to be great. I don’t recognize who you’re however certainly you’re going to a famous blogger in the event you are not already ;) Cheers!

    http://edukacjawawa.blog.pl/files/2015/03/malowanie-na-skale-300×193.png

  56. Anonymous

    Aug. 25, 2015
    10:56 a.m.

    Great – I should definitely pronounce, impressed with your site. I had no trouble navigating through all tabs as well as related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, site theme . a tones way for your customer to communicate. Excellent task..

    https://twojawarszawa.files.wordpress.com/

  57. Anonymous

    Aug. 25, 2015
    10:18 p.m.

    Hiya, I’m really glad I’ve found this info. Today bloggers publish only about gossips and internet and this is really frustrating. A good web site with interesting content, that’s what I need. Thank you for keeping this web site, I’ll be visiting it. Do you do newsletters? Can not find it.

    http://topcheapinsurance.com/travelers-home-and-auto-insurance.html

  58. Anonymous

    Aug. 25, 2015
    11:36 p.m.

    I got what you intend, regards for posting.Woh I am pleased to find this website through google.

    http://topcheapinsurance.com/travelers-home-and-auto-insurance.html

  59. Anonymous

    Aug. 29, 2015
    8:23 p.m.

    I’ve been exploring for a little for any high-quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this info So i’m happy to convey that I’ve a very good uncanny feeling I discovered just what I needed. I most certainly will make certain to do not forget this site and give it a glance regularly.

    https://www.pinterest.com/pin/397864948308746027/

  60. Anonymous

    Aug. 29, 2015
    10:14 p.m.

    I’ve been surfing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all web owners and bloggers made good content as you did, the net will be much more useful than ever before.

    https://www.flickr.com/photos/131152833@N02/20538388300/

Sign In

Forgot password?

Or

Subscribe

Receive daily coverage of the people, politics and personality of Capitol Hill.

Subscription | Free Trial

Logging you in. One moment, please...