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A federal judge in Green Bay has thrown out Wisconsin Sen. Ron Johnson's lawsuit challenging Obamacare.

U.S. District Judge William Griesbach ruled Monday that the Republican lawmaker lacks standing to sue because he did not prove he was harmed by regulations under the law that granted members of Congress and their staff members subsidies to pay for health insurance.

Johnson had alleged that such subsidies amounted to special treatment and that he was harmed because the regulations forced him to participate in something he believed was illegal.

The judge noted that the legality of the regulation has not been determined and so Johnson's argument "puts the cart before the horse."

"If standing to sue were conditioned on a plaintiff's own subjective views about a regulation, there would be no principled way to limit access to the courts and the judiciary would become the kind of super-legislature specifically rejected by the Founders," he wrote in his decision.

Johnson said he hasn't decided yet whether he will appeal and expressed concern that what he calls overreach by President Obama and his administration in this case and other executive actions was not addressed in the decision.

"Unfortunately, those actions will go unchallenged for now, because the district court granted the administration's motion to dismiss based on the legal technicality of standing," Johnson said in a statement.

"Americans increasingly — and correctly — believe that their government in Washington is out of control, out of touch and lawless. By its decision today, the court has chosen not to address the important constitutional issues at hand."

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