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Judge tosses Sen. Ron Johnsonís Obamacare lawsuit
Politico ^ | 07/22/2014 | By JENNIFER HABERKORN

Posted on 07/22/2014 5:37:18 AM PDT by SeekAndFind

A federal judge said Monday that Sen. Ron Johnson (R-Wis.) cannot challenge the Obamacare policy that lawmakers and their staff obtain health insurance through the exchanges.

The ruling could prove ominous for House Republicans as they prepare to file suit against the Obama administration, also against Obamacare. That suit would focus on a different issue, the president’s delay of the employer mandate.

Judge William C. Griesbach, a George W. Bush appointee, said that Article III of the Constitution prevents Johnson’s lawsuit from moving forward and suggests that any remedy must come from Congress. He said that the Wisconsin Republican cannot prove he is injured by the policy, which moved lawmakers and some of their staff from the usual federal employee health benefit plan and into the new Obamacare exchanges.

“Under our constitutional design, in the absence of a concrete injury to a party that can be redressed by the courts, disputes between the executive and legislative branches over the exercise of their respective powers are to be resolved through the political process, not by decisions issued by federal judges,” he wrote.

Johnson argued that the Obama administration decision to allow the government to contribute to staffers’ and members’ health costs was not allowed under the Affordable Care Act. He said his injury was that the policy put him at an unfair disadvantage with his voters and required him to file a form distinguishing staff and non-staff. Griesbach said that was not enough.

(Excerpt) Read more at politico.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; US: Wisconsin
KEYWORDS: 113th; aca; lawsuit; obamacare; ronjohnson; ruling

1 posted on 07/22/2014 5:37:18 AM PDT by SeekAndFind
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To: SeekAndFind

Wow.
Golly gosh.
Ya mean that the RINOs will have to do the dirty work themselves—and not rely on THE COURTS???

Ooooooh.
The horror. THE HORROR! Dirty hands??? Acctually pass some anti-Sotoro LEGISLATION????


2 posted on 07/22/2014 5:43:04 AM PDT by Flintlock (islam is a LIE, mohamuud a PEDOPHILE, sharia is POISON.)
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To: SeekAndFind

“At the foundation of our civil liberties lies
the principle that denies to government officials
an exceptional position before the law and which
subjects them to the same rules of conduct
that are commands to the citizen.”
Justice Louis D. Brandeis


3 posted on 07/22/2014 5:43:19 AM PDT by Diogenesis (The EXEMPT Congress is complicit in the absence of impeachment)
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To: Diogenesis

Great quote, I had not heard it before.


4 posted on 07/22/2014 5:49:37 AM PDT by Foundahardheadedwoman (God don't have a statute of limitations)
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To: SeekAndFind

Good to see that Sen Johnson believes Congress and their staffers should be exempt from 0CommieCare....but not us taxpaying little people. Pound sand, Sen Johnson.


5 posted on 07/22/2014 5:57:36 AM PDT by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: Flintlock

If those same RINOs somehow manage to wrest control of the senate away from the Dems, I’m not expecting much if any change. Mark my words: They will squander their advantage. Its what they do; its who they are.

RINOs only want their cushy jobs, not the real work that goes along with it.


6 posted on 07/22/2014 6:01:56 AM PDT by Starboard
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To: Starboard

+1, nothing more to add to your succinct & excellent post.


7 posted on 07/22/2014 6:05:32 AM PDT by Night Hides Not (Remember the Alamo! Remember Goliad! Remember Mississippi!)
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To: SeekAndFind

I think I am in agreement with this judge.

Boehner had a chance to win against Obamacare last year when Ted Cruz led the effort to fund all of federal government except for the PPACA Obamacare. But Boehner caved and passed to fund Obamacare and raise the debt ceiling to fund all of Obama’s wish list until after the November elections.


8 posted on 07/22/2014 6:08:23 AM PDT by Hostage (ARTICLE V)
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To: Jane Long
That's not how I read the suit. From the article:

Johnson argued that the Obama administration decision to allow the government to contribute to staffers’ and members’ health costs was not allowed under the Affordable Care Act. He said his injury was that the policy put him at an unfair disadvantage with his voters and required him to file a form distinguishing staff and non-staff. Griesbach said that was not enough.

Sounds like he was trying to find a way to show injury. Because the government is contributing to his staffers health care costs, that put them at an advantage over regular Americans.....Thus, it put him at an unfair disadvantage with his voters because they wouldn't like that.

Maybe, I'm wrong, but that's the way I read it.
9 posted on 07/22/2014 6:10:54 AM PDT by Girlene (Hey NSA!)
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To: Girlene

Thanks, Girlene...I need to re-read....after another cup of coffee ;-)


10 posted on 07/22/2014 6:16:56 AM PDT by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: Night Hides Not

Thank you for the kind words.

I’ll be even more succinct: Republicans don’t play to win.


11 posted on 07/22/2014 6:17:13 AM PDT by Starboard
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To: Hostage

Agree. Good post.


12 posted on 07/22/2014 6:18:10 AM PDT by Starboard
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To: Starboard
Republicans don’t play to win.

Except when they're primaried by Tea Partiers, then it's scorched earth.

13 posted on 07/22/2014 6:18:17 AM PDT by Night Hides Not (Remember the Alamo! Remember Goliad! Remember Mississippi!)
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To: SeekAndFind

Hokey-A$$ ‘standing’ notion, again.


14 posted on 07/22/2014 6:34:56 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2016; I pray we make it that long.)
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To: SeekAndFind

These damn “judges” have way too much power. The Constitution never meant for them to be this powerful. The communist ‘RAT Party did that.


15 posted on 07/22/2014 7:14:58 AM PDT by FlingWingFlyer (The future must not belong to those who slander bacon.)
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To: SeekAndFind

Johnson thinks the courts get to decide marriage too. Puke


16 posted on 07/22/2014 7:39:42 AM PDT by Viennacon (Rebuke the Repuke!)
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To: Jane Long

:-)


17 posted on 07/22/2014 9:13:55 AM PDT by Girlene (Hey NSA!)
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To: SeekAndFind

no big deal. the plaintiff could not show he was damaged, which will always kill such suits.


18 posted on 07/22/2014 9:31:00 AM PDT by expat2
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To: Girlene

Exactly - ridiculously weak argument.


19 posted on 07/22/2014 9:32:31 AM PDT by expat2
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To: SeekAndFind

That’s okay - Obama has a pen and a phone.

Obamacare will be the law of the land. :)


20 posted on 07/22/2014 9:46:52 AM PDT by Tzimisce
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To: SeekAndFind; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; Wisconsinlady; ...

Ron Johnson’s suit against the ACA tossed by the court.

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


21 posted on 07/22/2014 5:11:36 PM PDT by afraidfortherepublic
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To: SeekAndFind

Amazing. The Judge was right.

The Congress is supposed to change laws it doesn’t like. Not run to the Courts.


22 posted on 07/24/2014 10:08:08 AM PDT by Regulator
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