Sen. Ron Johnson’s Obamacare
lawsuit widens GOP rift
JS Online – Patrick Marley –
1/6/2014
The suit notes that under
the Affordable Care Act, members of Congress and their staffs are to receive
health insurance coverage either created under that law or offered through the
online insurance exchanges set up by the law. Johnson brought his lawsuit five
days after that provision was to kick in.
The suit says the Office of
Personnel Management has essentially designated the federal government as a
small business by allowing members of Congress to buy insurance through an
exchange set up for employers with fewer than 100 workers.
"The federal government
has millions of employees, and even Congress itself has more than 11,000
employees. Obviously, neither the federal government nor the Congress could
possibly qualify as a small business under the (Affordable Care Act)," the
suit says.
The suit contends the
personnel office passed a rule beyond its legal authority. Further, the rule
violates the equal protection clause of the U.S. Constitution, the suit says,
because it treats members of Congress and their staffs differently than
employees of small businesses who buy insurance through the exchange. That's
because private-sector employees cannot buy insurance through the exchanges
using tax-exempt payments from their employers.
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