Senator Ron Johnson (R-WI) and a staff member, Brooke Ericson, have filed a lawsuit in the United States District Court for the Eastern District of Wisconsin. The lawsuit states “The OPM Rule … requires them to be complicit in conduct that violates federal law; it also harms them because it directly affects the benefits which are available to them as part of their compensation.”
They are seeking the following relief:
A. Declare that OPM is without lawful authority to authorize federal employees to participate in a SHOP Exchange and without authority to grant the FEHBP employer subsidies to Members of Congress and their staffs who, as a matter of law, are required to obtain their health insurance through an ACA exchange.
B. Declare that the OPM Rule is unlawful and should be set aside under APA § 706(2) and the Unted States Constitution.
C. Enjoin the Defendants and any other agency or employee acting on behalf of the United States from enforcing and implementing the OPM Rule.
Full filing of lawsuit is below: