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* 10:43 am - A Cook County judge has ruled against the Governor’s authority to expand health care programs without legislative approval.
More in a bit.
Background here.
* 10:55 am - The judge’s ruling can be downloaded by clicking here.
* 11:02 am - The judge ruled that the arguments against the governor’s Family Care expansion have a likelihood of succeeding at trial. So, a preliminary injunction was granted “based on the failure to abide by the elibility criteria required by law,” according to the judge. A similar argument against the expansion of the breast and cervical cancer screening program was denied.
* 11:05 am - This is gonna be a mess. The administration went ahead and enrolled a bunch of people in the expanded Family Care program (the governor expanded eligibility from 185 up to 400 percent of the poverty level) last year. What’s going to happen to those people now? We don’t have an answer from the guv’s office yet, but I’m sure he’ll blame somebody else.
* 11:23 am - What the judge essentially ruled is that the administration claimed it had the authority under existing state laws to expand the Family Care program. The judge claimed that they followed some laws, but not one in particular. So, he didn’t have to rule on the main argument - that the governor exceeded his authority to implement a program without an appropriation or specific legislative approval - because the administration’s new and expanded Family Care program didn’t meet the federal TANF requirements. It’s a punt, but the same result is reached.
* 11:30 am - From the Tribbies…
[Cook County Judge James Epstein] also placed a stay on the order for seven days in order to allow the governor’s lawyers to review the order and perhaps appeal. The ruling comes in a lawsuit seeking to halt the expansion.
A state legislative panel has twice refused to approve rules for the expansion and lawmakers did not include funding in the state budget. But the administration contends it can grow the program anyway.
“We are clearly unhappy that he ruled on this basis,” said attorney Larry Blust, a private lawyer retained by the Blagojevich administration.
As he dashed into the governor’s office at the Thompson Center to consult with his client, Blust added, “We’ll decide in the next seven days what we are going to be doing about it.”
* 12:24 pm - Richard Caro, the lawyer who initially brought the lawsuit, just told me that the administration is “free to amend the regulation to comply” with the judge’s ruling. However, he said, they’d be right back in front of the judge to get approval and the judge could open up all those other issues - including the constitutionality of the governor’s move - that the judge was able to ignore because the guv didn’t follow the TANF requirements.
*** 12:52 pm *** Another judge, another legal setback for the governor…
Judge Leo Zappa today said Senate President Emil Jones should be added as a defendant to a lawsuit over Gov. Rod Blagojevich’s power to set the date and time of special sessions.
Although he didn’t make a ruling today, Zappa strongly indicated he will do that in another week, despite objections from Blagojevich’s lawyer.
“What’s good for the goose is good for the gander,” Zappa said. “If the governor has the right to set the date and time, it will have as much impact for senators who do not show up as representatives.”
Blagojevich sued House Speaker Michael Madigan, D-Chicago, because Madigan did not have the House meet in special session at the exact date and time set by the governor. The lawsuit did not name Jones, a Blagojevich ally, as an defendant.
That’s a pretty funny development.
*** 12:57 pm *** Stu Levine is finished testifying, at least for now…
“You do not need to return unless you receive further notice,” U.S. District Judge Amy St. Eve told [Levine] after 25 minutes of questioning.
*** 1:03 pm *** From the governor’s office…
“The Court’s decision affirms the Governor’s authority to expand existing healthcare programs without new legislation. We’re delighted by the Court’s ruling on the Illinois Breast and Cervical Cancer Program. The Court upheld the Governor’s authority to provide all uninsured women access to mammograms and other cancer screenings. This makes Illinois the only state in the country to ensure all women have access to the cancer screenings and treatment they need.
“We are also encouraged by the Court’s ruling on the Family Care program. The Court ruled that the statute which authorizes the expansion of Family Care requires an additional provision that the people enrolled be employed or seeking work. We believe most, if not all, enrollees currently meet this requirement. We intend to address the issue raised by the Court so we can continue to protect health coverage for people in Family Care.”
Remember, though, that the judge enjoined the administration from carrying out the new rule and stopped Comptroller Hynes from authorizing any payments.
*** 1:10 pm *** From the Tribbies…
Gov. Rod Blagojevich has repeatedly deflected questions about the federal corruption trial of his former top fundraiser Antoin “Tony” Rezko, often suggesting he’s too busy to follow details of the case.
Yet on Monday, Blagojevich abandoned that posture to take a shot at Lt. Gov. Pat Quinn, who has been pushing a recall measure to give voters the option of removing the governor.
Asked about the Rezko trial, Blagojevich noted that Quinn’s name arose in testimony earlier in the day.
“I didn’t know Pat Quinn had dinner with Stuart Levine and Tony Rezko at his house until I learned that today,” Blagojevich said.
*** 1:17 pm *** Man, when it rains it pours. More bad news for the guv…
The clout-heavy private school that mistakenly got $1 million from Gov. Blagojevich has admitted for the first time that one of its officials had a felony conviction — a disclosure that contradicts its earlier claims and could be grounds for the state to get its money back.
posted by Rich Miller
Tuesday, Apr 15, 08 @ 10:43 am
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A Cook County judge slated by Ed Burke and “appointed” by Madigan. Now, there is an unbiased authority.
Comment by Bill Tuesday, Apr 15, 08 @ 10:50 am
OMG Just when Skip and Sock Puppet Tom were reaching out Gidwitz and Baise slap them down
Another fine legal stunt by Slick Willie Quinlan and Winkin, Blinkin & Nod
Comment by Sock Puppet Express Tuesday, Apr 15, 08 @ 10:53 am
BIG DEAL, when has anything ever stopped Blagojevich from breaking our laws, let alone a judge.
Comment by Same old news Tuesday, Apr 15, 08 @ 10:55 am
Thank goodness that the judge had the sanity to stop the Governor and his dictatorial ways. He needs to get a clue that when the legislature and JCAR say “NO” - it means that he can’t do it alone.
Comment by 4% Tuesday, Apr 15, 08 @ 10:59 am
Does this mean they can move forward with impeachment?
Comment by Leigh Tuesday, Apr 15, 08 @ 11:00 am
Will the governor obey this? He hasn’t shown himself to be a big believer in the rule of law in the past.
Comment by ChampaignDweller Tuesday, Apr 15, 08 @ 11:04 am
So, this is a preliminary injunction, not a final ruling, right?
Comment by GoBearsss Tuesday, Apr 15, 08 @ 11:05 am
Take that phony Mr. it’s just so right it has to be done and it gets me press!
Comment by Levois Tuesday, Apr 15, 08 @ 11:06 am
The Governor will surely appeal and waste more money.
Bill, what part of legislative intent and JCAR do you not understand?
Comment by Truthful James Tuesday, Apr 15, 08 @ 11:16 am
Wait - Let me see if I am getting this right.
This injunction will require all those who they enrolled from 185% - 400% FPL to be kicked off right away.
Plus, the emergency rule applied to those from 133% - 185% who have enrolled over the past several years, because of the federal SCHIP changes. So, this will kick those people off, too?
That’s terrible. I would suggest people be careful with their giddiness over this.
Comment by GoBearsss Tuesday, Apr 15, 08 @ 11:21 am
Wait - even more:
It seems the judge is ruling that the only reason it is saying this isn’t valid is because FamilyCare doesn’t require enrollees to be employed or to be engaged in a job search (page 6), making it inconsistent with the TANF rules it used for its authority.
Doesn’t that seem like a technicality?
They aren’t ruling on the ability of the Governor to do this without emergency rule. Just on that one minor lacking requirement.
So strange…
Comment by GoBearsss Tuesday, Apr 15, 08 @ 11:30 am
Rich - could HFS just require enrollees to be employed or engaged in a job search? Then everything will be OK?
(at least until the next lawsuit)
That seems to be my reading.
Comment by GoBearsss Tuesday, Apr 15, 08 @ 11:31 am
I wrote that up top, GoBearsss. He punted because of the so-called “technicality” - a word used by the guv’s press office a few minutes ago. It gave him an excuse to stay out of the broader constitutional fight. End result is the same, but that doesn’t mean the other issues won’t come up again at trial.
Comment by Rich Miller Tuesday, Apr 15, 08 @ 11:32 am
BILL
Please provide us with your basis that Burke slated and Madigan appointed Judge Epstein.
It sounds to me as if you are the biased party in this instance!
Comment by MOON Tuesday, Apr 15, 08 @ 11:33 am
===could HFS just require enrollees to be employed or engaged in a job search? ===
Maybe, but he didn’t specifically say that the employed/job search thing was the only problem. Just that it was one. Also, the administration is enjoined from expending money until the trial (except for that seven-day grace period).
Comment by Rich Miller Tuesday, Apr 15, 08 @ 11:37 am
I see that, too, Rich.
He said in the ruling that he wasn’t making a decision on the other parts because this one, I guess, “technicality” invalidated any other arguments.
Those seem to still be in play, and any of those other arguments could cause it to get struck down, too.
End of the day, it looks like this just goes on a little longer.
Comment by GoBearsss Tuesday, Apr 15, 08 @ 11:38 am
I can provide the the Blogo response.
“We are very disapointed with this ruling which is why we are not following it and are announcing a new program that provides screaning for foot fungus for all illegal immigrants.”
Comment by Garp Tuesday, Apr 15, 08 @ 11:42 am
Any word on the less talked about rule from the Governor’s office that JCAR twice struck down this fall- Rule 937? It requires Illinois insurance companies to report how much of each dollar we pay them goes toward actual care, and how much goes toward profit and administrative cost. JCAR prohibited it just before the Family Care expansion was, and Division of Insurance movement on the issue was tied up in the Epstein ruling.
Comment by InsuranceReformer Tuesday, Apr 15, 08 @ 11:42 am
All these “Feel Good Programs” and no money or substance……
The only thing they feed is is Blagojevich’s huge ego.
Comment by Abracadabra Tuesday, Apr 15, 08 @ 11:45 am
Punt is right.
Comment by wordslinger Tuesday, Apr 15, 08 @ 11:52 am
When this thing is over, it wouldn’t surprise me if the state had to pay the lawyers’ fees for the plaintiffs as well. Wouldn’t surprise me if that runs a half mil or so.
Comment by Anon Tuesday, Apr 15, 08 @ 12:01 pm
The judge may have made statements in court that could strengthen or dismiss totally the so-called “technicality” status of this. Time will tell.
Comment by Anon Tuesday, Apr 15, 08 @ 12:09 pm
I don’t think this is a punt. The judge was under no obligation to decide the underlying issue. This is about a TRO (temporary restraining order). It’s just about keeping the status quo or not, not about the constitutionality.
Comment by Chicago Law Student Tuesday, Apr 15, 08 @ 12:16 pm
How many people go out and buy goods when you do not have the money to pay for them? Many rely on credit. Some get loan after loan after loan. Eventually, the credit is dreid up and there are no more loans because the limts are met. Then, when there is no more money, you cannot meet your basic needs because you have overspent to meet your ansatialbe appetite for the unnecessary. TRY A LITTLE ACCOUNTABILITY ROD! Whoever said ppor people getting kicked off you actually may be right for once. Those people thought they had coverage and now they do not. If any of them received medical attention under the belief that they had coverage, they mor ethan liekely signed statements saying that they will bear the brunt of uncrovered expenses if the insurance does not. I wonder if those people could sue the Governor on those grounds. My point is that the Governor has made it abundantly clear that accountability is not an option and Illinois will suffer the consequences.
Comment by STAFFER Tuesday, Apr 15, 08 @ 12:27 pm
Chicago Law Student is correct. This is just the beginning, but the Governor is on a slippery slope.
Comment by Springfield Alum Tuesday, Apr 15, 08 @ 12:27 pm
Please forgive my terrible typing. My emotions seemed to get the better of me.
Comment by STAFFER Tuesday, Apr 15, 08 @ 12:28 pm
If you’re emotions are getting the better of you, take a breath, cool down, then comment. Makes for better posts.
Comment by Rich Miller Tuesday, Apr 15, 08 @ 12:29 pm
Looks like poor staff work on the part of Blago’s crew. Does he ever hold them accountable for anything but showing up at fundraisers and political rallies?
The TANF problem should have been dealt with before the case got to court. Presumably, it is fixable.
Not sure any Dem judge is going to allow a situation in which people lose insurance they already have, especially in a blue, blue state and during a national recession with higher unemployment plus increases in food and gas prices.
This isn’t over.
Comment by Cassandra Tuesday, Apr 15, 08 @ 12:36 pm
Meanwhile in Sangamo County Court Judge Zappa told Slick Willie Quinlan that it is likely he will need to include The Senate in the special session lawsuit against the Great Satan Madigan — perhaps there will be a need to expand Capt. Fax’s isolation zone
Comment by Sock Puppet Express Tuesday, Apr 15, 08 @ 12:46 pm
Wait till you read the transcript. The judge was stern with the Governor’s arguments and was very specific that the governor should deal with the “people’s representatives.” He was very clear in his oral statements that this needed legislative approval.
of course, its only monopoly money to the governor…not his own so he doesn’t care.
Comment by was in court... Tuesday, Apr 15, 08 @ 1:02 pm
Under Illinois law the courts are to avoide making decisions based upon constitutional issues whenerver possible. i.e. if the case can be decided on some other basis, the judges are required to first look at that other basis. The judge is not just punting, he is technically following the law by avoiding addressing constitutional issues where the case can be decided on other grounds.
Also take note in the breast cancer discussion his specific referece to the funding of the program by the legislature without restriction. He does not address what happens when the funding runs out
nor does he say the Breast Cancer Screening Program can expend more money then it was appropriated. So if it spends all of its money it has to shut down technically.
Even if the Gov could add in the work language to get around that problem, he may stil have to identify the appropriation. If he does that, the Gov has no authority to spend more then what has been appropriated. If the debt is incurred the general assembly does not have to pay it.
Those who enrolled in the program after JCAR rejected the rule are in a tough situation, as are those who provided them health services. At the end of the day the Gov refusal to follow the law he found valid and signed into existance with JCAR is what has caused these folks harm.
Comment by Ghost Tuesday, Apr 15, 08 @ 1:10 pm
===Also take note in the breast cancer discussion his specific referece to the funding of the program by the legislature without restriction. He does not address what happens when the funding runs out
nor does he say the Breast Cancer Screening Program can expend more money then it was appropriated. So if it spends all of its money it has to shut down technically.====
Yep.
Comment by Rich Miller Tuesday, Apr 15, 08 @ 1:12 pm
When all is said and done, I find it difficult to believe that any judge will uphold an executive action requiring legislative enactment and authorization before any significant program expansion is intiated. However,the Governor’s attitude towards process has been and undoubterdly will continue to be that legal technicalities are irrelevant to getting his job/the people’s business done.
The most irresponsible aspect of the Governor’s health care expansion is that there simply is insufficient funding availlble to pay for much of his program. The Governor’s approach appears to be premised on a field of dreams approach: Spend it, then the legilsature will have to appropriate money to address the deficits created by the unauthorized spending.
Comment by Captain America Tuesday, Apr 15, 08 @ 1:18 pm
“was in court…”
Could you enlighten us as to who these supposed “people’s representatives” are?
They sure weren’t on your side of the bench.
Comment by GoBearsss Tuesday, Apr 15, 08 @ 1:19 pm
Easy, now.
Comment by Rich Miller Tuesday, Apr 15, 08 @ 1:21 pm
Looks like Bill and GoBearsss are having bad days too.
Comment by Sock Puppet Express Tuesday, Apr 15, 08 @ 1:29 pm
Rich, More bad news for governor. Sorich verdict upheld on all counts, so you can expect hiring type indictments on the state level soon.
Comment by Chicago Cynic Tuesday, Apr 15, 08 @ 1:33 pm
Already posted on a new thread, but that’s a good point. Thanks.
Comment by Rich Miller Tuesday, Apr 15, 08 @ 1:35 pm
The hits just keep on coming and the “Spin Sisters” are selling lemonaide again!!!
Comment by Dan S, a Voter & Cubs Fan Tuesday, Apr 15, 08 @ 1:37 pm
How big a felony is lying to the AG? Now we know why Dep. Gov “Bump Her Head” could not answer any questions in the committee.
The school is facing probes by Madigan and the Department of Commerce and Economic Opportunity after Blagojevich admitted a “bureaucratic mixup” resulted in the school getting money he instead had promised to fire-ravaged Pilgrim Baptist Church to help rebuild.
The school’s head, Chandra Gill, had a 2003 felony aggravated battery conviction. With urging from the Rev. Jesse Jackson and others, Blagojevich wiped the felony from her record last year before the school got its state windfall. Gill did not return a message Monday.
Also hid sex case
Besides the felony disclosure, the school’s revised filing reported financial activity in 2006 despite the school having told Madigan last September that it did not have any revenues or expenses for the year.
Further, the school does not acknowledge in its latest filing that it was hit with a $40,000 judgment in 2006 for sexual harassment by a state human-rights panel. The school’s new filing certifies it was not “the subject of any court action, fine, penalty or judgement [sic]” during 2006.
Comment by Sock Puppet Express Tuesday, Apr 15, 08 @ 1:38 pm
Sorry, Rich, but I have no love for the Gidwitz’s and Caro’s of the world.
Comment by GoBearsss Tuesday, Apr 15, 08 @ 1:39 pm
Sock Puppet - I again would ask you to hesitate using that language lest it blow up it thou face again.
Comment by GoBearsss Tuesday, Apr 15, 08 @ 1:42 pm
GB,
You may not have any love for them, but that doesn’t give the gov the right to do what he did.
Comment by OneMan Tuesday, Apr 15, 08 @ 1:45 pm
I perdict the goobernator will be held in contempt of court before this is all over.
Comment by Leave a light on George Tuesday, Apr 15, 08 @ 1:56 pm
I took the Judge’s paraphrased remarks about “people’s representatives” to mean elected law-makers, not the plantives. Opinions of Caro and Gidwitz not withstanding, they had the deep pockets to take on the litigation that many wanted but could not afford.
Comment by Smack-o-cratic Tuesday, Apr 15, 08 @ 1:59 pm
All in all it has been an up day!
Comment by Bill (real) Tuesday, Apr 15, 08 @ 2:03 pm
Bill,
The day isn’t over.
Comment by OneMan Tuesday, Apr 15, 08 @ 2:49 pm
I believe that the proper place for legislative work is in a legislative body, even if that means this General Assembly. So, I am pleased that Blagojevich’s abuse of power was curbed. It is one thing to have a strong governor, but quite another to have a governor that squashes the state constitution for political reasons.
Forget about the current characters within the elected offices and refocus on how we should operate our state government. We do not want a governor doing these kinds of things, except during emergencies, (real ones, not political ones).
So after the current occupant has vacated the governor’s office, I would expect that there will be considerations about actions to prevent this kind of abuse in the future. What the current occupant did by his abuse is force more time and energy into creating hurdles where there was once common sense and manners. This will expend time that should be put to better usage addressing our continuing economic plight.
Bad governors hurt states in many ways. Not just political ways, but also in ways that cannot be measured, but still definately felt. We all lose when we get a bad governor.
We need to make it easier for the Public to remove bad governors. We need a recall as one of a group of tools within our government to handle situations such as our current one.
Comment by VanillaMan Tuesday, Apr 15, 08 @ 2:57 pm
Sounds to me like someone should go back to bed and hope tomorrow is a better day….
Comment by Leigh Tuesday, Apr 15, 08 @ 3:24 pm
GoBearzzzzz
Which language are you refering to:
The lying to AG felony charge or the need to issue helmets with better padding for the deep thinkers on 16th/2nd floors
Comment by Sock Puppet Express Tuesday, Apr 15, 08 @ 3:47 pm
Jeez Rich. I sent in a post earlier today that neatly wrapped up what everyone here is saying. It’s no longer posted, so you must think I was really off base in my rant. Judging by these other posts, I disagree.
Comment by The Mad Hatter Tuesday, Apr 15, 08 @ 4:16 pm
It’s surprising that the governor didn’t know Quinn went to dinner at Rezko’s, considering the guest list tht night:
(From Rob Olmstead’s Trial Journal in the Daily Herald on March 19)
“Another event Levine attended was Rezko’s April 3, 2004, party for Iraqi billionaire Nahdmi Auchi. Other attendees included Lt. Gov. Pat Quinn; Jack Lavin, a former Rezko business partner and the head of Blagojevich’s economic development agency; Michael Rumman, a co-investor in a Rezko project and then the head of the Illinois office of Central Management Services and Christopher Kelly, a Blagojevich fundraiser and once the governor’s point man on gambling in Illinois.”
Comment by Rod, we never talk any more Tuesday, Apr 15, 08 @ 4:18 pm
“Bill,
The day isn’t over.”
Well, it may not be as sexy as a good corruption case or bickering over whether the Governor’s is bigger than the legislature’s, but the State also got a bad decision from the US Supreme Court today:
http://www.supremecourtus.gov/opinions/07pdf/06-1413.pdf
Comment by Anon Tuesday, Apr 15, 08 @ 4:38 pm
I’m going to vote for that judge, he sounds like he has some sense (unlike ‘Governor - I do what I want to do, when I want to do it and with your money’)
Comment by sickening Tuesday, Apr 15, 08 @ 8:20 pm
It’s very simple. The Governor can try and end run this, but he’s going to have an awful hard time getting money thru the Comptroller - Hynes is enjoined in the order from cutting loose funds ‘related to the emegency rule’. In short, noone’s getting paid, the program is dead in its’ tracks until the next episode.
Comment by Frank Sobotka Tuesday, Apr 15, 08 @ 11:39 pm