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Lisa Madigan intervenes in health care spending suit

Greg Hinz 27 December 2007 2 Comments

Illinois Attorney General Lisa Madigan formally intervened Thursday in a lawsuit that effectively pits allies of her father, House Speaker Michael Madigan, against Gov. Rod Blagojevich in a political and legal dispute over health care spending.


  • CDOBs Editors said:

    Interesting, but not very analytical, take on this lawsuit. Greg Hinz had decided that this is now Madigan vs. Blagojevich, although the Caro case has been going on for some time before Lisa Madigan intervened.

    One wonders who Hinz is pitting as one of the “allies of her father”. Ron Gidwitz? Greg Baise? Richard Caro? Sounds like Hinz is trying to develop a personality based story rather than a Constitutional one.

  • Richard P. Caro said:

    The AG intervened in my case to defend the constitutionality of the JCAR statute and JCAR’s suspension of DHFS’s Emergency Rule. DHFS adopted the emergency rule not only to continued Illionis’ CHIP program after the President veto the new federal program but also to expand the Family Care Program. The expanded aspects never existed before. T

    he JCAR constitutional issue won’t be decided in this case because it is unnecessary for the Court to reach it to resolve the controversey. I’ll explain why.

    The Executive’s expansion of the Family Care Program is unjustified by the purported emergency, the loss of federal funding for CHIP, because is has no relevancy to creating new health care programs for whole new classes of beneficiaries. If the Court concludes that the purported emergency didn’t justify the expansion of the Family Care Program, the constitutionality of JCAR should not be decided. If the purported emergency is found to support the expansion, the other constituional issues are the ones that the Court will have to focus on. Thus the JCAR constitutional issue is not likely to factor in the Court’s resolution of the issues in this case.

    The case, however, is based on the premise that the Executive may not create or expand programs, including health benefit programs, without Legislative authorization and the appropriations needed to fund the expansions or new benefits. The Executive’s constitutional duty is to faithfully executive the laws enacted by the Legislature and not to change them or create hundreds of millions of dollars in legislatively unauthorized debts that we as taxpayers will have to pay off.

    While I fully support reform of health care, it must be done in a manner that is Constitutional. Such changes can not and should not be imposed by executive dictates.

    So the case is extremely important constitutionally. It will define the limitations of Executive Power to create new or to expand existing programs independently of the Legislature and to caused expenditures of public funds also without Legislative approval. My position is simple: no matter how good and noble the causes are, the Executive Branch of the State Government is not constitutionally authorized to do those things. Those actions are exclusively reserved by the Constitution for the Legislature to do.

    On November 27, 2007, I invited the Attorney General to be co-plaintiff with me on these issues. She has not done that. She is also not defending the challenged executive actions but has authorized the Governor’s private attorneys to do so. So her role in the case is extremely limited and will likely not be significant. So, as first brought, this is a case between a citizen taxpayer against the Executive challenging exercises of power as being unconstitutional and unlawful.

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