Federal Court Dismisses Senator Johnson ACA Suit
On July 21, 2014, two weeks after hearing argument, the Honorable Judge William C. Griesbach of the U.S. District Court for the Eastern District of Wisconsin dismissed Senator Ron Johnson’s lawsuit against the Obama Administration’s implementation of a particular provision of the Affordable Care Act. Senator Johnson and one of is staffers had challenged the Office of Personnel Management’s unilateral decision to disregard the text of the law and offer tax-free subsidies to members of Congress and their staffs to purchase healthcare on the D.C. smal business “SHOP” exchange. Judge Griesbach concluded that because Senator Johnson and his staffer putatively “benefited” by getting greater compensation than they were entitled to, they had not been injured and therefore lacked standing to challenge the implementation. A copy of the order is here.