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---
title: U.S. Judge Tosses Out GOP Lawsuit Over Obamacare Subsidy
description: A U.S. Senator&#x27;s claim against an Obamacare subsidy for members of Congress and their staffs was dismissed Monday
canonical: https://time.com/3018243/gop-lawsuit-obamacare-loophole-congress/
author: Sam Frizell
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article:published_time: 2014-07-22T12:57:17.000Z
article:modified_time: 2026-08-04T08:05:35.753Z
article:section: Politics
og:title: U.S. Judge Tosses Out GOP Lawsuit Over Obamacare Subsidy
og:description: A U.S. Senator&#x27;s claim against an Obamacare subsidy for members of Congress and their staffs was dismissed Monday
og:url: https://time.com/3018243/gop-lawsuit-obamacare-loophole-congress/
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og:image:alt: Permanent Subcommittee On Investigations Hearing On High Speed Trading
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twitter:title: U.S. Judge Tosses Out GOP Lawsuit Over Obamacare Subsidy
twitter:description: A U.S. Senator&#x27;s claim against an Obamacare subsidy for members of Congress and their staffs was dismissed Monday
twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltc6b101ec24cf208d/69869c99adae44fd955443ce/senator-ron-johnson.jpg?branch=production&amp;width=3840&amp;quality=75&amp;auto=webp&amp;crop=16:9
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![](https://static.time.com/v3/assets/bltea6093859af6183b/bltc6b101ec24cf208d/69869c99adae44fd955443ce/senator-ron-johnson.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9)


# GOP Lawsuit Over Obamacare 'Loophole' for Congress Dismissed

<!-- video src="https://cdn.jwplayer.com/manifests/KYT0EBCl.m3u8" -->
## Video: Health Care Cost Increases Expected To Accelerate In 2015

[Watch (HLS stream): Health Care Cost Increases Expected To Accelerate In 2015](https://cdn.jwplayer.com/manifests/KYT0EBCl.m3u8) (1:34)

![Health Care Cost Increases Expected To Accelerate In 2015](https://cdn.jwplayer.com/v2/media/KYT0EBCl/poster.jpg?width=720)

_Published 2014-06-25. Health care costs are expected to pick up in 2015 — increasing even faster than they did this year, according to a new study by PricewaterhouseCoopers._


by 

[Sam Frizell](https://time.com/author/sam-frizell/)


## Sam Frizell


Jul 22, 2014 12:57 PM UTC

![Permanent Subcommittee On Investigations Hearing On High Speed Trading](https://static.time.com/v3/assets/bltea6093859af6183b/bltc6b101ec24cf208d/69869c99adae44fd955443ce/senator-ron-johnson.jpg?branch=production&width=3840&quality=75&auto=webp&crop=3:2)

Senator Ronald Johnson, a Republican from Wisconsin, questions witnesses during a Senate Permanent Subcommittee on Investigations hearing in Washington, D.C. on June 17, 2014.

Senator Ronald Johnson, a Republican from Wisconsin, questions witnesses during a Senate Permanent Subcommittee on Investigations hearing in Washington, D.C. on June 17, 2014.Andrew Harrer—Bloomberg/Getty Images

by 

[Sam Frizell](https://time.com/author/sam-frizell/)


## Sam Frizell


Jul 22, 2014 12:57 PM UTC

A Republican senator’s challenge to the part of President Barack Obama’s healthcare law involving members of Congress and their staffs was dismissed Monday by a federal judge.

Sen. Ron Johnson (R—Wisc.) filed the suit related to the Affordable Care Act (ACA) provision that members of Congress and their staff may only receive health plans created under the healthcare law, or offered through a online exchange established under the law. The lawsuit claimed that the federal Office of Personnel Management “created a loophole that allowed congressional staff an exemption from the ACA’s provisions,” according to the [decision](http://media.jrn.com/documents/ron+johnson+case+dismissed.pdf).

The so-called loophole allowed some junior staffers not considered part of the official office of a member of Congress to continue receiving employee benefits, rather than having to buy insurance under the law.

“The Obama administration violated its own signature health care law by giving special treatment to members of Congress and their staffs,” [Johnson said in a statement](http://www.ronjohnson.senate.gov/public/index.cfm/press-releases?ID=5d89ae19-ddf1-491b-81a5-ebcadfea4cef) Monday.

U.S. District Judge William Griesbach [dismissed](http://media.jrn.com/documents/ron+johnson+case+dismissed.pdf) the lawsuit on Monday. Griesbach said Senator Johnson failed to show he’d been harmed by the healthcare law, Reuters [reports](http://www.reuters.com/article/2014/07/22/us-usa-healthcare-lawsuit-idUSKBN0FR0WB20140722).

The U.S. Supreme Court affirmed in 2012 the law’s “individual mandate” that requires most Americans to buy health insurance or pay a tax penalty.

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