Sen. Ron Johnson’s Obamacare challenge fails at 7th Circuit

Affirming a district court's dismissal, the Seventh Circuit held that Sen. Johnson of Wisconsin did not have standing to challenge federal rules implementing Obamacare coverage for members of Congress and their staffs. Johnson's primary argument was that he suffered electoral/reputational injury by being subject to Obamacare coverage. The court rejected that argument because Johnson was free to reject the Obamacare coverage (as he has done):

We . . . conclude that a political figure’s assertion, without more, that the receipt (or option of receiving) a benefit will hurt his or her reputation or electoral prospects is insufficient to establish standing. 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. He could not be accused of participating in an illegal scheme if he declined to participate.

The decision is here.

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