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Spin and fallout

Wednesday, Dec 5, 2007 - Posted by Rich Miller

* I told you yesterday about the lawsuit filed by business groups to stop the governor from ignoring the Joint Committee on Administrative Rules’ vote to block his emergency rules to greatly expand health care programs. How did the governor’s office react? Well, by shifting into partisan campaign mode, of course…

The Blagojevich administration issued a written statement blasting the lawsuit as the work of “Republican activists.”

“It’s unfortunate that two prominent Republican activists would go to court to take health care away from families,” Blagojevich spokeswoman Rebecca Rausch said in the statement. “President Bush wouldn’t even go to those lengths. Every Democratic leader in Illinois should join us in fighting this lawsuit and help protect the hardworking people who rely on us for health coverage so they can keep seeing a doctor.”

* More

“Every Democratic leader in Illinois should join us in fighting this lawsuit and help protect the hardworking people who rely on us for health coverage so they can keep seeing a doctor,” Blagojevich spokeswoman Abby Ottenhoff said in an e-mail.

* And then there’s this breathtaking spin

This is the first time, lawmakers note, that Blagojevich has disregarded an action by the 12-member panel, which he strengthened several years ago by giving it the power to permanently block rules sought by the administration.

Previously, such actions had to be ratified by the entire General Assembly.

Ottenhoff said the administration’s track record of obeying the panel’s rulings is “irrelevant” and insisted that the panel’s votes on rules are merely advisory.

He signed a law to specifically allow JCAR to block his emergency rules and then claims it can’t. Amazing.

* I told subscribers about this next development earlier this week, and the Trib buries it way down in their story today…

Lawmakers are watching the suit closely, saying its outcome could greatly shape the way future laws are written. It also could force legislators to rewrite many existing statutes to prevent state agencies from hiking fees or taking other major actions that would normally require approval from the rule-making committee that shot down Blagojevich’s health-care expansion, they said.

Bills are gonna get really, really long and detailed if legislators have to write the rules as well.

* More stuff…

* Kaduk: Blago too hooked on sports?

* The money crunch is underway for schools

* Business group says governor can’t go around legislators

       

51 Comments
  1. - Ghost - Wednesday, Dec 5, 07 @ 10:19 am:

    So the Gov’s take on this is only republicans would dare try and uphold the State Constitution? is there anyway democrats can vote to have blago kicked out of the party…he isn’t doing the dems any favors.


  2. - Costanza - Wednesday, Dec 5, 07 @ 10:24 am:

    It’s not a lie if you believe it.


  3. - Garp - Wednesday, Dec 5, 07 @ 10:31 am:

    I am quite sure every Democratic leader in the state is now driving over to Blago’s house in Chicago to offer whatever aid they can to assist in this evil lawsuit. Don’t worry Rod, if you ask them-they will come.


  4. - Fan of the Game - Wednesday, Dec 5, 07 @ 10:35 am:

    Two things:
    1) A constitutional convention is overdue.

    2) A law should be passed making it a crime, punishable by incarceration, for a politician to use the adjective “hardworking.”


  5. - WARDOG - Wednesday, Dec 5, 07 @ 10:53 am:

    Maybe some partisan political org. or committee should have a TRUE Governor for a day contest or appointment and let the winner REALLY have the full power to govern as they see fit for that full 24 hour period. WOULDN’T THAT BE INTERESTING!!


  6. - VanillaMan - Wednesday, Dec 5, 07 @ 10:59 am:

    I am disappointed that there appears to be no Democrats willing to stand up and question the constitutionality of actions of their governor. Just what are they afraid of? Are they all hiding behind Michael Madigan?

    When this guy ran for renomination, only Edwin Eisendrath took him on. Nobody said a word. Instead they lined up like lemmings and supported his re-election. They sat on their hands. Only Lisa Madigan didn’t endorse Rod Blagojevich, while the other just totted along like smiling zombies.

    The Illinois Democratic Party has made a deal with the Devil in order to hold the governor’s office. Now they just let him do whatever he pleases, even when he is blatantly breaking the very laws he swore to uphold?

    Where is the leadership within this party?

    Forget about partisan politics! We know there is no GOP right now. Since when does that mean Democrats are off the hook when it comes to enforcing our laws?

    I just don’t know how you people can sleep at night, knowing you handed the keys to the highest office in Illinois to a guy so irresponsible as this governor. He is YOUR guy! He is YOUR fault! It is so disappointing to discover that there are no leaders in the Illinois Democratic Party willing to defend Illinoians from this shocking farce of an administration.

    You guys must think that without political opposition you can just let Blagojevich burn himself out and have the courts curb him? We don’t have that luxury. We are facing massive deficits and busted treasuries. We see deadlines and a crisis weekly. We need you to do the right thing!

    Start reigning in YOUR governor!


  7. - Rich Miller - Wednesday, Dec 5, 07 @ 11:01 am:

    ===there appears to be no Democrats willing to stand up and question the constitutionality of actions of their governor.===

    Um, are you missing the fact that every Democrat on JCAR voted against the governor’s proposed emergency rules?


  8. - GoBearsss - Wednesday, Dec 5, 07 @ 11:02 am:

    Rich - I don’t see this as partisan campaign mode against Republicans. I see it as a swipe at Madigan.

    Was this the lawsuit Sneed was talking about? Or is Madigan still shopping his around?


  9. - one of the 35 - Wednesday, Dec 5, 07 @ 11:08 am:

    This is just more of the same from King Rod…..He will pick and choose which laws he obeys and which he chooses to ignore.


  10. - Bill - Wednesday, Dec 5, 07 @ 11:19 am:

    VM,
    My, we are quite strident today, aren’t we?
    Rod Blagojevich was elected and re-elected by the people to protect them from the fat cat republicans and Gucci wearing lobbyists who had been running the state for their own personal profit for too long.
    He will always fight for their right to affordable health care even if they are not fortunate enough to be able to afford it. His actions are completely legal according to the Public Aid Act which grants authority to the executive branch to set elegibility levels. Its too bad if you, Madigan, JCAR, or anybody else doesn’t like it.
    We, the real people of Illinois, will prevail with Rod Blagojevich as our champion.
    You can jump onboard or be left behind.


  11. - ZC - Wednesday, Dec 5, 07 @ 11:19 am:

    I especially like the irony of Rebecca Rausch accusing their _opponents_ of out-Bushing Bush, in the JCAR situation. Do the Blago=ites realize that, in their growing contempt for the written rule of law, that they’re the ones who are giving Bush a run for his money? At least Bush would attach a signing statement or something when he signed the JCAR law.


  12. - Ghost - Wednesday, Dec 5, 07 @ 11:22 am:

    In the Govs defense its not like we have a statute in Illinois called the Administartive proceudre Act which prohibits making un-promulgated rules. Setting aside the ability of JCAR to block the emergency rule, the APA seems to prohibit it as well.

    And the APA provides for attorney fess for a prevailing party….this is gonna cost the State a few bucks in the end as well. I bet the Gov demands outside cronies/contributors…I mean attorneis, be appointed to represent him. So we will pay big bucks to his lawyers to defend his illegal conduct, then we will pay the lawsuits winners attorney fees. its the game litigation all over again.


  13. - Captain America - Wednesday, Dec 5, 07 @ 11:23 am:

    Given the State’s impending fiscal meltdown, I copngratulate Gidwitz for filing the lawsuit even though I apalud the governonr for hsi committemnt to addressing the needs of the uninsured. I just can’t support the ways and means he is using to fulfill his vision.

    I think the only reason that anotehr Democrat did not cahllenge Blago was because it was cleraly a suicide mission given the sixe of the governor’s campaign fund.


  14. - Bill - Wednesday, Dec 5, 07 @ 11:26 am:

    It was a suicide mission because the governor was clearly the people’s choice, an excellent campaigner, and obvously had the best interests of the citizens of Illinois at heart. It had nothing to do with money. Republicans are made of money and look how poorly they did and continue to do.


  15. - Ghost - Wednesday, Dec 5, 07 @ 11:29 am:

    Bill didn’t the Democrat gov have fare more money then his republican rival? Since the republicans were way outspent by the democrat Gov on the Gov election it does not follow that money did not effect the outcome.


  16. - Bill - Wednesday, Dec 5, 07 @ 11:33 am:

    Rod would have won regardless…even if both canidiates had NO money.
    The fact that he is (was?) an excellent campaigner with a lot of support helped but was not the determining factor.


  17. - Last Temptation of Rod - Wednesday, Dec 5, 07 @ 11:34 am:

    Rod Blagojevich’s new tag line:
    Pompous & Overrated


  18. - VanillaMan - Wednesday, Dec 5, 07 @ 11:39 am:

    “Um, are you missing the fact that every Democrat on JCAR voted against the governor’s proposed emergency rules?”

    Yes, I am. Because I am referring to the need we have to see Illlinois Democratic leaders standing up and demanding accountability from Rod Blagojevich.

    JCAR is part of the process. I am referring to those who lead outside the process. I know there are snipers on specific issues, but they are peeing on matchsticks while Rod is using a blow torch. It is time for the Big Dogs to start snapping at this guy. Madigan has been all we have seen out there. He needs some heavyweight back up out there with him publically duking it out.


  19. - VanillaMan - Wednesday, Dec 5, 07 @ 11:42 am:

    Bill?

    Fishing again? Take a look at that bobber? Seeing any bites from me?

    You are a delight! Even you know you don’t believe what you are writing, but it IS so funny!


  20. - VanillaMan - Wednesday, Dec 5, 07 @ 11:47 am:

    Oh, and Bill…

    “Gucci wearing lobbyists” is such a 1992 Perot-era sound bite. File it with “Do you hear that sucking sound?…” and the other Perotista stuff.

    If Mr. Blagojevich was such a great campaigner, and I think he is awfully good, he wouldn’t have recycled and cribbed that piece of silly Perot prattle this summer.

    My favorite line of yours so far:
    “We, the real people of Illinois, will prevail with Rod Blagojevich as our champion.”

    George Orwell, “Animal Farm”, right?!
    Or Mao?


  21. - Princeville - Wednesday, Dec 5, 07 @ 11:48 am:

    I’m not really in the mood today for flag waving and chest thumpin’ , but Bill, just what is this all about –”We, the real people of Illinois, will prevail with Rod Blagojevich as our champion
    You can jump onboard or be left behind”. Just who are the ‘fake’ people of Illinois? The close to 80% that don’t agree with him?


  22. - Dan, a voter - Wednesday, Dec 5, 07 @ 11:48 am:

    Bill you are correct, the Governor is an excellent campaigner, but he is a terrible leader, not a public servant and no statesman. He is a Professional Campaigner and a liar.


  23. - Princeville - Wednesday, Dec 5, 07 @ 11:51 am:

    Oops, Vanilla Man , I bit, sorry. Somedays I find him amusing, but today, just annoying.


  24. - MOON - Wednesday, Dec 5, 07 @ 12:13 pm:

    Bill

    You make reference to “jumping on board”. Are you referring to 2010 when Blago is escorted out of office, or off to Duluth? I would gladly jump on board the train that takes him out of office; but, it’s too cold in Duluth for me to get on that train destine for derailment!


  25. - Commonsense in Illinois - Wednesday, Dec 5, 07 @ 12:18 pm:

    Okay, everyone lay off of Bill. It’s a new month and he’s had his Kool-aid. I’m wondering if any reporter types has called the Department to see how many thousands of people lined up Monday morning to sign up? If its like the other campaigns, there isn’t a waiting line…


  26. - Garp - Wednesday, Dec 5, 07 @ 12:18 pm:

    Bill said “You can jump onboard or be left behind” They said the same thing to the passengers of the Titanic.


  27. - Randall Sherman - Wednesday, Dec 5, 07 @ 12:22 pm:

    If this action doesn’t fall under the definition of the impeachable offense “Abuse of Power,” I am not sure what does.


  28. - OneMan - Wednesday, Dec 5, 07 @ 12:32 pm:

    Bill,

    I now owe you two beers… Thanks for the smiles.


  29. - Little Egypt - Wednesday, Dec 5, 07 @ 12:58 pm:

    Bill, I am reminded of a press briefing by General Norman Schwarzkopf and I quote, “As far as Saddam Hussein being a great military strategist, he is neither a strategist, nor is he schooled in the operational art, nor is he a
    tactician, nor is he a military leader, nor is he a soldier. Other than that he’s a great military man-I want you to know that.” -General H. Norman Schwarzkopf 1991

    I would now say about your boy Blago, “As far as Rod Blagojevich being a great campaigner, he is neither a leader, nor a strategist, nor is he schooled in the operational art, nor is he a tactician, nor is he diplomatic, nor does he know how to compromise, nor does he know how to save face, nor is he a leader, nor is he a statesman, nor does he know the Illinois constitution and how to defend it. Other than that, he’s a great campaigner, and I want you to know that.”


  30. - anon - Wednesday, Dec 5, 07 @ 1:07 pm:

    Bill where you been? Blackhawk practices


  31. - S. Illinois - Wednesday, Dec 5, 07 @ 1:11 pm:

    Bill - It’s good to see that Rebecca and Abby have re-filled your Kool-Aid jar. You were getting too tame and reasonable there for a while.


  32. - GoBearsss - Wednesday, Dec 5, 07 @ 1:24 pm:

    Ok - I think I have something to replace Godwin’s law…

    “He invokes Saddam Hussein first loses the argument”

    I shall call it Little Egypt’s Law.


  33. - Tom - Wednesday, Dec 5, 07 @ 1:24 pm:

    Rich
    Just wondering for future reference, what in that earlier post of mine warranted deletion?


  34. - DumberThanYouThink - Wednesday, Dec 5, 07 @ 1:37 pm:

    Good job, Bill!
    But I think it is safe to say you didn’t have your seat belt on when you flipped and got dumped on your head.
    You do save the SpinSisters a lot of time


  35. - DC - Wednesday, Dec 5, 07 @ 1:44 pm:

    I have to admit, I was almost baited to respond to Bill, but I will resist out of common sense and my need not to be debating that which cannot be debated. However, I think it is worth noting Bill’s suggestion that we either back Rodney or get off the train. If the people on the train all bail (or at least the majority of those with common sense), the speeding train will ultimatlely move faster toward its crash destination out of sheer laws of physics. Thus, the Rodney Express will speed along even faster to its certain derailment. Following that line of thought, and given the positive outcome of such an event, I hope people will take Bill’s advice and jump off the train as expeditously and safely as possible before they are thrown under it.

    Normally I don’t like to witness self-destruction, but in Rodney’s case, it has been and most certainly will be more entertaining than anything on my HD cable channels.


  36. - downhereforyears - Wednesday, Dec 5, 07 @ 2:15 pm:

    Bill…..how long have you worked for the governor?


  37. - Sir Reel - Wednesday, Dec 5, 07 @ 2:23 pm:

    Most of the bloggers have commented on the legality or constitutionality of the Governor going against JCAR. A few have mentioned the State’s looming fiscal crisis. But, let’s assume the lawsuit goes nowhere and the program is expanded. How will it be paid for? Can the Governor re-arrange spending within DHS to cover the increased spending? Can he siphon funds from other agencies?


  38. - Anon - Wednesday, Dec 5, 07 @ 2:24 pm:

    When I read the combination of Blago’s latest rantings and Bill’s shilling, I start to feel like I’m in Venezuela!

    Of course, the snow falling outside my window says otherwise. Could we import the weather, and not just the oil & populist politics?


  39. - Levois - Wednesday, Dec 5, 07 @ 2:28 pm:

    Yeah the Democrats are culpable. I’m sure most of them had to of seen this coming but they wanted the sure thing. Michael Madigan served as a campaign chair yes, or at least an honorary one. He’s just as easily culpable although he’s the one engaged in the feuding with the governor now.


  40. - Bill - Wednesday, Dec 5, 07 @ 2:33 pm:

    lol


  41. - Bill - Wednesday, Dec 5, 07 @ 2:38 pm:

    downhere,
    It seems like decades


  42. - Little Egypt - Wednesday, Dec 5, 07 @ 2:50 pm:

    GoBearsss. At least I made perfect sense.


  43. - Princeville - Wednesday, Dec 5, 07 @ 3:48 pm:

    Anyone have an idea as to how long it takes a csae such as this to make it through the system and have a result?

    And as long as I’m asking simplton questions, what has happened to the case Blago brought against Madigan and special sessions. I have not heard anything since the stinging response Madigan wrote and that seems ages ago.


  44. - DumberThanYouThink - Wednesday, Dec 5, 07 @ 4:13 pm:

    TO:Pville
    RE: Latest effort to Crush Madigan
    we had our gifted barrister, Slick Willie Q., do the stall for 2 continuances while we “refine” our case. Look for the suit to get tossed about 12-10 unless we can stall some more.
    Just so it does not delay the Rose Bowl trip
    Geez


  45. - problems with the JCAR process - Wednesday, Dec 5, 07 @ 5:38 pm:

    I would love to see JCAR eliminated. I think it is an unconstitutional body and would prefer that the General Assembly do a better job of drafting laws and appropriating funds in the first place. The JCAR process also allows the special interests to have another bite of the apple.

    However, I’m also opposed to how the Governor is going about things. What a mess.


  46. - some former legislative intern - Wednesday, Dec 5, 07 @ 5:55 pm:

    listen–I am a die hard dem; am opposed to most business groups; but I support this lawsuit.

    Blago’s actions are illegal. Period. It has nothing to do with healthcare for the uninsured. It has to do with the rule of law, and the administration’s end run around JCAR is against the law.


  47. - Ivote - Wednesday, Dec 5, 07 @ 8:34 pm:

    Like it or hate it, JCAR is a duly-constituted body, given specific authority by law passed by the General Assembly and signed by the Governor. (Actually, over the time of its existence–close to 30 years–it has been amended numerious times by several General Assemblies and governors.)Constitutional? The law-making (e.g., rulemaking) process is a LEGISLATIVE function, which through specific grants of rulemaking authority in statutes, is delegated to executive agencies. Since it is the LEGISLATIVE BRANCH that delegates its authority to the Executive, there’s no constitutional barrier to putting “strings” on the grant of authority, such as the need for approval by the legislature or one of its committees.

    The Governor’s problem, however, goes much deeper. Even if you believe in his great concern for the people of Illinois, Bill, the Governor is NOT A KING–he must work within the constitutional sytem of government, which sets up THREE branches, with each having certain checks and balances on the other.

    Unfortunately for Illinois, the Governor is either too stupid, too arrogant, or both to understand how government works. If he REALLY wanted to get things done he would learn to work WITH, COOPERATE, COMPROMISE, and LEAD. He shows no signs of doing any of that. . . which is why I believe he really does NOT have the best interests of anyone other than Rod Blagojevich at heart. He can get big press bangs and boast of all sorts of new, exciting, important programs for Illinois but doesn’t have to worry that any of them will actually happen. He is, thus far, a complete and utter failure.


  48. - Fan of the Game - Wednesday, Dec 5, 07 @ 9:15 pm:

    The governor is an excellent campaigner,
    Excellent campaigner.
    He gets his running clothes at K-Mart
    400 East Oakland St. in Chicago.
    He’s an excellent campaigner.


  49. - archpundit - Thursday, Dec 6, 07 @ 12:15 am:

    —The law-making (e.g., rulemaking) process is a LEGISLATIVE function, which through specific grants of rulemaking authority in statutes, is delegated to executive agencies. Since it is the LEGISLATIVE BRANCH that delegates its authority to the Executive, there’s no constitutional barrier to putting “strings” on the grant of authority, such as the need for approval by the legislature or one of its committees.

    First, I generally agree with your position. However, it’s not a perfectly clear issue. When Congress proposed similar processes the Courts held them unconstitutional. Now, the State Constitution isn’t the U.S. Constitution and the Illinois Supreme Court is very likely to rule differently given the documents work under very different contexts.

    There is a legitimate Constitutional question, though I find it unpersuasive, that JCAR is unconstitutional. We’ll find out soon enough with this lawsuit.

    That said, the Governor has shown his arguments not to be about principle, but about his wishes given he signed the bill to extend JCAR’s power.

    And for the concern about special interest above, JCAR is actually a very good set-up to limit special interests dominating the rule-making process. Few people pay attention to rule-making and often it is done by a small group of people who are close to the interest being served. By using the General Assembly to oversee the process, there’s a check on that influence.


  50. - sad day - Thursday, Dec 6, 07 @ 8:25 am:

    If this is all true…it’s a sad day when the Chairman of the Democratic Party (Mike Madigan) goes to repubs to file a lawsuit against insuring the uninsured.


  51. - Anonymous - Thursday, Dec 6, 07 @ 9:12 am:

    One more time… this is not a lawsuit against “insuring the uninsured.” It’s a lawsuit against attempting to do it with NO MONEY and NO LEGAL AUTHORITY to do so!


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