Senator Ron Johnson files lawsuit against Affordable Care Act

WASHINGTON, D.C. (WITI) -- Wisconsin Senator Ron Johnson is taking on the Affordable Care Act. Senator Johnson has filed suit in federal court to try to stop the federal government from helping pay for health care coverage for congressional members and their staffs -- but he's facing some push-back from a political ally.

Johnson has filed a lawsuit against the Office of Personnel Management in a U.S. District Court.

The lawsuit was announced on Monday, January 6th. The lawsuit is an effort to block the federal government from subsidizing health care coverage for Congress and their staffs -- something he calls special treatment.

"Only members of Congress and their staff, when they lose their employee-sponsored care, will have the ability to have their employers make a taxed advantage contribution to their health care plan.  That's the special treatment. That's completely unfair, completely unjust," Johnson said.

A provision was added to the law by another senator that UW-Milwaukee Political Science Professor Mordecai Lee says complicates this situation.

"Even though senators and their staff get employer-provided insurance, they nonetheless would still have to go through the Obamacare website," Lee said.

Johnson is facing opposition from a Republican in the Wisconsin delegation -- Congressman Jim Sensenbrenner of Menomonee Falls, who says:

"This politically motivated lawsuit only takes public attention away from how bad all of Obamacare really is and focuses it on a trivial issue. Fortunately, Senator Johnson`s suit is likely frivolous and will not achieve the result he`s seeking."

"I'm hoping the case I just laid out proves that this is by no means trivial, or frivolous, or a stunt. This is an important constitutional issue," Johnson said.

"He's been looking for opportunities to continue to show the flag, to continue to show why Obamacare is a bad idea," Lee said.

The issue will be heard by Judge William Griesbach in a federal court in Green Bay.

"He'd have to prove to a court that what they did violated the law and I'm guessing a judge is going to say that's not the case," Lee said.

If Johnson wins, it's congressional staffers that will be affected the most as they will end up having to cover the additional health care costs that are currently being subsidized.

Lee says ultimately, the electorate will decide who wins by agreeing with Johnson and reelecting him or voting him out of office.