Judge in Green Bay hears arguments in Obamacare lawsuit filed by Sen. Ron Johnson



GREEN BAY (WITI) — Should members of Congress and their employees get special treatment when it comes to getting health insurance under the Affordable Care Act? Wisconsin's Republican Senator Ron Johnson says no -- and he has filed a federal lawsuit to stop the "special subsidies."

Wisconsin Republican Senator Ron Johnson is suing the federal government -- saying the Affordable Care Act is illegal, because it gives members of Congress and their staff members special benefits. The federal government wants the lawsuit dismissed. On Monday, July 7th, a federal judge in Green Bay heard oral arguments from both sides.

"I really appreciate he's given careful consideration to this very serious issue.  Obviously I'm biased.  I think our case was far stronger. I'm cautiously optimistic, and encouraged by this proceeding," Senator Johnson said.

Senator Johnson's lawsuit is attempting to block the federal government from giving subsidies to members of Congress and their staffs for their health insurance.

It argues that the Affordable Care Act "does not treat members of Congress and their staffs like the members' constituents," "places new administrative burdens on Senator Johnson and his staff," and "harms Senator Johnson's credibility and relationships with his constituents."

"Americans hate it when elected officials or people in power are exempted from laws," Senator Johnson said.

The administration argues Senator Johnson doesn't have legal standing to sue in the first place, because he hasn't been harmed by the law.

It argues that staff subsidies are positive "benefits" -- and therefore cannot be seen as harmful, and that Senator Johnson does not have to participate, and is not being forced to do so, so he personally hasn't suffered any harm.

Senator Johnson says he employs about 40 staff members across his Washington and Wisconsin offices.

"Some of my employees lost their federal health benefits. They're purchasing it through the exchange. If our lawsuit succeeds, the first result would be that now members of Congress are subject to the exact same provisions of the law as millions of other Americans," Senator Johnson said.

Wisconsin's Democratic U.S. Senator Tammy Baldwin has criticized Republican efforts to derail healthcare reform.

"We keep on seeing their attempts to repeal it, or delay it or defund provisions to the point where it's ridiculous," Senator Baldwin said.

"If President Obama doesn't like it, if Democratic senators don't like it, they need to change the law," Senator Johnson said.

The case is being heard by U.S. District Judge William Griesbach. It's unclear when Griesbach might rule.

Several legal scholars have said Johnson's lawsuit faces an uphill battle.

Even Republican Congressman Jim Sensenbrenner called it a "stunt."

CLICK HERE to read through the lawsuit Sen. Johnson filed.