Senate budget rules are giving opponents of the rollback of the 2010 health care law an easy way to attack Republicans for hypocrisy.

The Senate GOP may not really want to immunize their own member and staff health plans from their health care policy changes, but because they are seeking to bring their bill to the floor under the expedited budget reconciliation process, they have little choice.

Sen. Ted Cruz has already unveiled a fix to nullify the exemption, but that bill would take 60 votes to overcome any filibuster attempts.

“While this exemption was included in the Senate health care bill out of procedural necessity, we must still be diligent in ensuring that Members of Congress are treated just like other Americans under this law,” the Texas Republican said in a statement. “This is an issue of fundamental fairness. Lawmakers are not above the laws that they pass and I believe that it is crucial that Members of Congress abide by the same laws that their own constituents follow.”

The exemption has already prompted a web ad from the group Save My Care, which has been working against efforts to repeal and replace the health care law that took effect under President Barack Obama.