A Bad Sign For Boehner as Judge Throws Out Senator’s Obamacare Lawsuit


Here is the reason why Speaker John Boehner’s lawsuit is likely to go nowhere. A federal judge in Wisconsin threw out an Obamacare lawsuit by Sen. Ron Johnson (R-WI) because the senator lacked standing.

The judge wrote:

First, there is nothing in the Constitution stipulating that all wrongs must have remedies, much less that the remedy must lie in federal court. In fact, given the Constitution’s parsimonious grant of judicial authority, just the opposite is true. As the Supreme Court has observed, “[o]ur system of government leaves many crucial decisions to the political processes. The assumption that if respondents have no standing to sue, no one would have standing, is not a reason to find standing.”

In sum, the fact that the allegations advanced in this action might be difficult or even impossible to pursue in federal court for any other plaintiffs does not mean that these Plaintiffs have suffered the kind of injury that could give rise to standing.

Sen. Johnson was challenging an Obama administration rule that allowed congressional staffers to get subsidies while signing up for Obamacare. The judge in the case, William Griesbach, a 2002 Bush appointee warned Johnson that standing can’t be based on his own subjective views.

The judge’s refusal to hear the merits of the case is a case sign for Boehner and his lawsuit against the president. Like Boehner, Sen. Johnson tried to sue over the president “changing the law,” and his suit was thrown out of court. It is likely that Boehner will face the same fate once he files his suit.

The hurdle remains the same. Speaker Boehner needs to be able to prove that the House has been injured by the president’s actions. Since a partisan dispute is not the same as a legal injury, Boehner’s lawsuit looks like it is doomed to fail.

24 Replies to “A Bad Sign For Boehner as Judge Throws Out Senator’s Obamacare Lawsuit”

  1. Boehner and the republicans in The House ought to be the ones sued for taking We The People’s money and not doing We The People’s job. They’ve have caused the worst Congress in history. If some good lawyer wants to right up a lawsuit against the republicans in The House I’ll sign it, those damn lawsuits can both ways.

  2. Like Boehner, Sen. Johnson tried to sue over the president “changing the law,” and his suit was thrown out of court. It is likely that Boehner will face the same fate once he files his suit.

    Orange Julius has no intention on filing suit. This was just another attempted to soothe the teabillies who wants impeachment and his drunkenness thought by throwing them this bone he can calm them down and get some money in the process

    He was wrong again. This will not calm them down and it was the Dems. who raised the most money to help take our country back from the crazies.

    Just VOTE BLUE. Even if its a corporate blue dog just vote blue

  3. The House could have no conceivable standing over legislation in which the Senate has not joined, since, if Congress has not completed its action, there is no legislation for the Executive to ratify, veto, or enforce. You learn that in civics, if your school system still has it; you certainly learn it in law school. This suit was wholly frivolous.

  4. These guys are just amazing. They take our money and then try to take away our contraceptives, our right to care, our health, our freedoms..and all the while the GOP calls Obama “a dictator?” Please, Reince. Rein in the crazies if you can, or your party is doomed. Obama, unlike Bush, has done nothing illegal. Nada. The ACA was passed by Congress. It is not going away, but the GOP obstructionists are. Please proceed, tea party.

  5. Another point is that the repubs have blocked judicial appointments in the federal district and appellate courts to the point that the judges that are left are under considerable strain. I am sure that is in the mind of any judge when republicans further burden the court with law suits.

  6. I received an email yesterday from Organizing for Action, in which they posted a link to send comments to Speaker Boehner, which they are going to deliver. The deadline in July 31st. So you can believe I had a long list of antics that Boehner has allowed and I scolded him but good. I also told him he should be ashamed of himself, and I hope he grows a conscience, b/c we are tired of paying for his fool’s errands. Here is the link if anyone is interested.


  7. Ron Johnson looks like the member of inner circle of despotic dictator, Adolf Hitler. He is blonde with blue eyes, an Aryan’s dream culture.

  8. This ruling really comes as no surprise, given that Johnson hadn’t thought the suit out fully. It’s not the first time he’s jumped to (wrong)conclusions. He did it when he claimed he had the legal power to nominate judges. He just doesn’t do his homework.

    He’s said that he’s going to ‘review’ the ruling to decide whether or not to appeal it. Let’s hope he reviews it as well as he’s reviewed his company’s contracts: http://goo.gl/uOBDl7

    Johnson has demonstrated he’s neither a good businessman nor a good public servant. The one thing he seems to have done right was marrying the right woman, who’s family business (with already established customers)Johnson ended up running.

  9. Reading a the liberal responses makes me laugh. From calling the senator an a racist kkk member etc. Liberals never fight the argument they just attack the person. Males me sad that there wasn’t a true argument for or against without personal attacks. The fact is the DC court tossed out obamacare subsidies which will end up in front of the Supreme court. When a law states that only State run exchanges can receive subsidies then if the federal government is running it it’s clearly violating the law. Maybe they should have read the law before they passed it. If you like your health care plan you can keep it period. If you like your doctor you can keep your doctor period. Now if you like your subsidies you can keep your subsidies. Just another lie. Go ahead liberals and tell me how it’s not a lie. 30 times plus Obama said this and yet everyone knows it’s a lie.

  10. I don’t think Boehner cares or plans on being successful with the suit. As long as he can keep it in the media and keep the rabid base somewhat appeased Boehner has won.

  11. I would like to see the president act like the president. Leader of the free world and countetsuit with treason. These people are not only harrasing him but his supporters. We gave you the power. Please handle congress enough is enough. I still think you are doing an outstanding job

  12. The President is acting as a president. That is why the GOP is trying to sue him.

    The GOP will do anything to harangue the President and his supporters.

  13. The president is acting as a president and leader.. The congress is being lead by spoiled children who need to be sent to their room without their toys

  14. @Raymond – What part of “it’s the law of the land” don’t you understand? I must assume from your third grade level of English (yes, I am an English teacher) that you are not a native speaker. I will cut you a little slack on that. What I don’t understand is your insistence that our president lied thirty times on the same issue. Did he tell thirty lies or did he repeat one lie twenty-nine times? I am surely distressed that anything the Congress did makes you sad. I am sure that if you were to contact your Congressional representatives – yes, you have two – they will happily remedy your sadness, unless of course your representatives are Republican in which case they will most likely tell that unless you are a major financial contributor you can simply fuck-off! I sincerely hope this note contributes to alleviating your malaise.

  15. Boehner now has his excuse to drop the suit without losing face. I predict he will claim that his lawsuit is moot since the DC court has ruled against Obama.

  16. This issue has me so pissed off that I donated. Not much but every little bit helps. I had no intention of making a donation since I am on a very limited income but enough is enough!!!

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