A federal judge is set to hear arguments in a Wisconsin senator's lawsuit challenging rules forcing congressional members and their staffs to seek government-subsidized health insurance through small business exchanges.
The Affordable Care Act requires Congress and its staffers to move off the federal employee health plan, which provided tax-free premium subsidies, and into an exchange. Obama's administration adopted rules preserving the subsidies if they use small business exchanges.
U.S. Sen. Ron Johnson, a Republican, filed suit in January alleging Congress and staffers can't use the exchanges because they work for a gigantic employer. He also argues the subsidies will alienate constituents.
Government attorneys have asked U.S. District Judge William Griesbach to toss the lawsuit. Greisbach has scheduled a hearing on the request for Monday morning in Green Bay.