Obamacare Lawsuit Rejected By Chicago Court

U.S. Senator Ron Johnson (R-WI) listens in a Senate hearing. | REUTERS/Jason Reed

A federal appeals court in Chicago on Tuesday dismissed Wisconsin Republican Sen. Ron Johnson's lawsuit that sought to prevent Congress members and their staffs from getting health insurance subsidies under Obamacare.

In its decision, the 7th U.S. Circuit Court of Appeals in Chicago said Johnson lacked the legal standing to sue as he did not show that he was injured by the "special treatment" afforded to Congress under the Obamacare, according to a Reuters report.

Three judges voted unanimously to reject Johnson's lawsuit, upholding a July 2014 ruling by U.S. District Judge William Griesbach in Green Bay, Wisconsin.

Johnson filed the lawsuit in January last year.

"For the second time, my attempt to restore the constitutional balance between the executive and legislative co-equal branches of government has been stymied by the courts. With this decision today, another executive action by the administration will go unchallenged, all based on the legal technicality of standing," said Johnson in a statement commenting on the appeals court decision.

Johnson opposed the federal government's authority to make employer contributions even when Congress members and their staffs bought coverage through online exchanges under Obamacare, Reuters said.

He claimed that he was injured as the law forced him to choose which staff were entitled to health care subsidies, depriving him of rendering equal treatment to his state's voters which hurt his image.

Circuit Judge Joel Flaum said "the mere allegation of unequal treatment" did not create an injury against Johnson.

He added that Johnson's claim that his reputation was damaged by the subsidies did not hold.

"Respectfully, we do not see how Senator Johnson's reputation could be sullied or his electability diminished by being offered, against his will, a benefit that he then decided to refuse," wrote Flaum.

Johnson said he will review the decision before deciding on the next step.

"My legal team and I will carefully review the decision before determining our next step in this important constitutional dispute. I want to personally thank the tens of thousands of great Americans who have supported this effort. We've lost a battle in court, but we will continue to move forward in our effort to return sanity, fairness and balance to government on behalf of the American people," he said.