Appellate Court of Illinois
When the Illinois governor failed to get approval for his healthcare reform, he used line item veto to take the money out of the budget and attempted to use the “rules” process to implement the program. His attempts were rejected due to lack of legislative authority. NFIB is gravely concerned that, if allowed to go forward, a governor who has failed to pass his or her initiatives in the General Assembly will simply adopt “rules” and legislate from the executive office.
Status: VICTORY! On 09/28/08, the Court upheld the preliminary injunction. Ultimately the state settled additional claims with the plaintiffs.