Judge William C. Griesbach, a George W. Bush appointee, said that Article III of the Constitution prevents Johnson’s lawsuit from moving forward and suggests that any remedy must come from Congress. He said that the Wisconsin Republican cannot prove he is injured by the policy, which moved lawmakers and some of their staff from the usual federal employee health benefit plan and into the new Obamacare exchanges.

“Under our constitutional design, in the absence of a concrete injury to a party that can be redressed by the courts, disputes between the executive and legislative branches over the exercise of their respective powers are to be resolved through the political process, not by decisions issued by federal judges,” he wrote.