GOP Senator Sues Obamacare Over Subsidy For Congress

On Monday, January 6, 2014, Sen. Ron Johnson (R-WI) filed a lawsuit in the US District Court for the Eastern District of Wisconsin against Obamacare.  But the lawsuit is not what you would expect it to be about.  Johnson is suing over the federal subsidy that Congress and their staff have been given to help them purchase their exchange health plans.  He contends that their subsidies are in violation of the Affordable Car Act.

Johnson explained:

“The law states that as of Jan. 1, 2014, the only health-insurance plans that members of Congress and their staffs can be offered by the federal government are plans ‘created under’ ObamaCare or ‘offered through an Exchange’ established under ObamaCare.”

“Furthermore, allowing the federal government to make an employer contribution to help pay for insurance coverage was explicitly considered, debated and rejected. In doing so, Congress established that the only subsidy available to them would be the same income-based subsidy available to every other eligible American accessing insurance through an exchange. This was the confidence-building covenant supporters of the law made to reassure skeptics that ObamaCare would live up to its billing. They wanted to appear eager to avail themselves of the law’s benefits and be more than willing to subject themselves to the exact same rules, regulations and requirements as their constituents.”

“Eager, that is, until they began to understand what they had actually done to themselves. For instance, by agreeing to go through an exchange they cut themselves off from the option of paying for health care with pretax dollars, the way many Americans will continue to do through employer-supplied plans. That’s when they went running to President Obama for relief. The president supplied it via the Office of Personnel Management (OPM), which issued a convoluted ruling in October 2013 that ignores the clear intent and language of the law. After groping for a pretext, OPM essentially declared the federal government a small employer—magically qualifying members of Congress for coverage through a Small Business Health Options Program, exchanges where employers can buy insurance for their employees.”

“Neat trick, huh? Except that in issuing the ruling, OPM exceeded its statutory jurisdiction and legal authority. In directing OPM to do so, President Obama once again chose political expediency instead of faithfully executing the law—even one of his own making. If the president wants to change the law, he needs to come to Congress to have them change it with legislation, not by presidential fiat or decree.”

“The legal basis for our lawsuit (which I will file with a staff member, Brooke Ericson, as the other plaintiff) includes the fact that the OPM ruling forces me, as a member of Congress, to engage in activity that I believe violates the law. It also potentially alienates members of Congress from their constituents, since those constituents are witnessing members of Congress blatantly giving themselves and their staff special treatment.”

“Republicans have tried to overturn this special treatment with legislation that was passed by the House on Sept. 29, but blocked in the Senate. Amendments have also been offered to Senate bills, but Majority Leader Harry Reid refuses to allow a vote on any of them.”

“I believe that I have not only legal standing but an obligation to go to court to overturn this unlawful executive overreach, end the injustice, and provide a long overdue check on an executive that recognizes fewer and fewer constitutional restraints.”

Harry Reid’s involvement in the illegality of not allowing Republicans to correct the federal violation of Obamacare is one of many reasons why he was placed on Judicial Watch’s ‘Ten Most Wanted Corrupt Politicians of 2013.’  However, Reid takes his lessons in lies, deception and screwing the American people from his idol Barack Obama.

I’m not sure I could list all of the laws Obama has broken since illegally moving into the White House.  I do know that the list of broken laws has been climbing rapidly in the last year and most of them are concerning Obamacare.  A president does not have the legal right to constantly make changes to a law passed by Congress.  The US Constitution forbids it but few have the integrity to do anything about it.

Besides Sen. Johnson, eleven state attorney generals have sent a letter to HHS Secretary Sebelius warning her that the Obama administrations illegal actions concerning Obamacare must stop immediately (see my other article today – 11 State AGs Warn ‘The Illegal Actions By This Administration Must Stop’).

We need more Senators, Congressmen, judges, governors, state attorney generals and the American people to take action now to stop President Obama from acting as a dictator.  He has demonstrated that he has no regard for the US Constitution, federal law or the American people.  He needs to be stopped and held accountable for his illegal actions which should be plenty to remove him from office.  I’m not looking forward to seeing Biden take over but it’s easier to deal with a stupid tyrant than a smart one.