Judge Nap: Johnson's Lawsuit Against Obama 'Nearly Identical' to Hobby Lobby's
Not only is President Obama facing a lawsuit by House Speaker John Boehner in a highly publicized dispute over executive actions, but he also has a lawsuit coming his way from Sen. Ron Johnson (R-WI). In the latter lawsuit, Johnson claims an ObamaCare exemption for members of Congress and their staff members is illegal.
Judge Andrew Napolitano explained this morning that the administration "found cash somewhere" to reimburse the lawmakers for excess costs from ObamaCare health plans. The reimbursement is not available to the ordinary government employee.
Johnson says he promised he would not take the money and is being forced to do so, and therefore his reputation is being damaged.
The first hurdle in the case will be for Johnson to convince a federal court that he has legal standing to sue the government. Napolitano said he believes that Johnson will be able to do that because he is "able to show individualized harm to him."
The judge likened the case to the Hobby Lobby ruling by the Supreme Court, saying in both instances an "administrative bureaucrat" made a rule without approval from Congress.
"Can a rule trump legislation? Of course not! Is the president back to his old tricks about ruling by rule rather than by law? Yes he is and this one may catch him again," said Napolitano.
Watch the full analysis above.