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Judge dismisses senator's O-Care lawsuit


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212929-judge-dismisses-senators-obamacare-lawsuitThe Hill:

A federal judge in Wisconsin threw out Sen. Ron Johnson's (R-Wis.) lawsuit challenging an Obama administration rule that allows congressional staffers to continue to receive healthcare subsidies when signing up for ObamaCare.


Judge William Griesbach did not rule on the merits of the case, instead dismissing the challenge because Johnson and another staffer on the lawsuit lacked standing because they were not concretely injured by the regulation.


The judge, appointed in 2002 by President George W. Bush, said not all disputes warrant a remedy by a federal court.

"There is nothing in the Constitution stipulating that all wrongs must have remedies, much less that the remedy must lie in federal court," the judge wrote, hinting that it might be impossible to prove anyone would have standing in the case.

In the absence of injury, the judge warned standing cannot be based on a plaintiff's own subjective views. That would create "the kind of super-legislature specifically rejected by the Founders,” he wrote. Scissors-32x32.png

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