Washington, D.C. – Sen. Johnson made these comments on Judge William Griesbach’s decision to schedule oral arguments in Johnson v. OPM:

 “Although it is not customary in the Eastern District of Wisconsin, Judge Griesbach has scheduled oral arguments in Johnson v. OPM to determine whether I have standing to challenge a rule implemented by the Obama administration.  I am pleased that the court has recognized that this case presents significant legal issues and important constitutional questions. 

“Judge Griesbach already found that briefs submitted by 45 members of Congress provide important background on the Affordable Care Act as well as a novel theory of standing -- specifically that a ‘member of Congress should have standing to challenge the “usurpation of legislative authority” because the member has an “inviolate interest in preserving his power as a United States Senator to vote on legislation.”’ 

“To date, the president has made more than 20 unilateral changes to the Affordable Care Act – without any act of Congress.  The president’s executive overreach is not confined to Obamacare.  As George Washington Law School professor Jonathan Turley calls it, ‘the fourth branch of government’ has targeted ordinary Americans through IRS heightened reviews of conservative groups, has enacted the president’s cap and trade policies through EPA regulations, and has instituted ambush election rules for unionization through the National Labor Relations Board. 

“I have repeatedly stated that my lawsuit is about more than the special treatment the Obama rule provides to the political class.  It is about upholding the rule of law and setting important precedent to end the rampant executive overreach by President Obama.

“I appreciate this opportunity to affirm the oath of office I took to support and defend the Constitution of the United States at a crucial point in American history.  This lawsuit offers a landmark opportunity to help re-establish the balance between the executive and legislative branches of government, and I am glad the judge in this case is giving it the serious consideration it deserves.”  

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