Sen. Ron Johnson (R-WI) plans to file a lawsuit against the Office of Personnel Management (OPM) because OPM approves giving Obamacare subsidies to congressmen, senators, and their staff members. Johnson heads a group that asserts that OPM’s policy is not authorized by Obamacare.
For Johnson to have legitimate standing to file the lawsuit, he must prove he is personally damaged by the OPM policy. One of Johnson’s aides told Politico that he plans to prove this with three accusations: the law forces him to accept the subsidies, and they are illegal; the policy gives him special treatment not afforded to his constituents, thus alienating them; and the policy forces him to figure out which of his employees are “official” office employees who must get health coverage by using the new Obamacare exchanges rather than remaining on their old federal health plan.
A press conference was held Monday, during which Johnson discussed his plans. He was joined by Paul Clement, a former solicitor general and appellate lawyer who was the attorney representing 26 states filing lawsuits against Obamacare’s individual mandate. Clement will aid Johnson in case of an appeal. Rick Esenberg, founder and president of the Wisconsin Institute for Law and Liberty, was also present and is the attorney representing Johnson in his initial lawsuit.