From the Tribune:
Blagojevich can't expand state-subsidized health care without lawmakers' approval, appellate court rules
By Monique Garcia | Chicago Tribune reporter
    September 27, 2008
Gov. Rod Blagojevich's agenda was dealt a major blow Friday after a state appellate court ruled he doesn't have the power to expand state-subsidized health care without lawmakers' approval.
The decision upholds a ruling that found Blagojevich had overstepped his bounds when he used his administrative powers to add more people to the state's FamilyCare insurance program. Blagojevich's position that he has the authority to expand the program on his own "suffers from several flaws," the justices ruled.
The ruling jeopardizes coverage for those enrolled in the program, though it's unclear how many people may be dropped. The Blagojevich administration could not identify how many adults enrolled in FamilyCare or how much money in premiums the state was collecting, according to court documents. Critics have long complained that the administration can't provide solid numbers on how many people have benefited from Blagojevich's health-care expansions.
A Blagojevich spokesman said no one would lose health care immediately, but further court action could mean tens of thousands are at risk of being dropped. The office is reviewing a possible appeal to the Illinois Supreme Court, said spokesman Lucio Guerrero.
Lawmakers applauded the appellate court's decision.
"This is a clear and predictable message to the governor that no matter how laudable the goal is, he is not a one-man legislature and he has to work in conjunction with the General Assembly to pass this kind of program," said state Rep. John Fritchey (D-Chicago).
Last year, Blagojevich sought to expand health-care coverage through an "emergency rule" allowing families with higher incomes—up to $83,000 a year for a family of four—to sign up. The move was quickly shot down by a legislative rules-making panel and blocked by Secretary of State Jesse White, but Blagojevich signed up people anyway.
Some business leaders sued, and a Cook County Circuit Court judge in April issued a temporary injunction to halt the program. However, court documents show the administration continued to enroll clients.