NEW INFORMATION: Judge hears arguments in Obamacare lawsuit

By: AP Email
By: AP Email

GREEN BAY, Wis. (AP) -- A government attorney is trying to persuade a federal judge in Green Bay to toss out U.S. Sen. Ron Johnson's lawsuit challenging rules forcing congressional members and their employees to seek government-subsidized health insurance through small business exchanges.

U.S. Justice Department attorney James Luh told U.S. District Judge William Griesbach on Monday that Johnson can't sue because he hasn't shown how the rules have caused him any injury.

Johnson's attorney, Rick Esenberg, says Johnson is suffering an injury because he must decide which staff members should go through the exchanges. Esenberg also argued the rules force Johnson into illegal activity because he and his staffers aren't eligible for small business exchanges since they work for a huge employer.

It's unclear when Griesbach might rule.
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MADISON, Wis. (AP) - A federal judge is set to hear arguments in a Wisconsin senator's lawsuit challenging rules forcing congressional members and their staffs to seek government-subsidized health insurance through small business exchanges.

The Affordable Care Act requires Congress and its staffers to move off the federal employee health plan, which provided tax-free premium subsidies, and into an exchange. Obama's administration adopted rules preserving the subsidies if they use small business exchanges.

U.S. Sen. Ron Johnson, a Republican, filed suit in January alleging Congress and staffers can't use the exchanges because they work for a gigantic employer. He also argues the subsidies will alienate constituents.

Government attorneys have asked U.S. District Judge William Griesbach to toss the lawsuit. Greisbach has scheduled a hearing on the request for Monday morning in Green Bay.


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