07/24/2008
CONTACT: Melissa Sharp, 202-314-2068
Small business urges the court to force Gov. Blagojevich to respect the legislative process
WASHINGTON, D.C. -- The National Federation of Independent Business Small Business Legal Center has joined the legal fight to stop Illinois Gov. Rod Blagojevich from dramatically expanding the state's FamilyCare program through an administrative order.
In 2007, Blagojevich attempted to pass legislation to expand the state's program but failed to win support from state lawmakers due to strong opposition by the business community. Instead of respecting the democratic process, Blagojevich ignored the will of the people in Illinois, and took it upon himself to singlehandedly order the state agency to expand eligibility to the state's program. Citizens and business groups, outraged by the governor's blatant abuse of executive power, sued the governor over his actions.
This case is now being reviewed by the Appellate Court of Illinois First Judicial District. The state's trial court sided with the business groups, and the governor has appealed his case. The NFIB Small Business Legal Center filed a friend-of-the-court brief with the appellate court urging the court to uphold the state's fundamental balance of power requirements and find that Blagojevich has overstepped his constitutional authority.
"Governor Blagojevich has simply ignored the fact that lawmakers make laws, not the governor," said Kim Maisch, state director NFIB/Illinois. "The precedence of a governor being able to simply bypass lawmakers and create a major expansion of a program -- any program -- is a very scary prospect. It is imperative in a democracy that a system of checks and balances is maintained and the whims of one person do not rule. NFIB is gravely concerned that, if the court does not explicitly prohibit these types of actions, a governor who has failed to pass his or her initiatives in the General Assembly will simply adopt administrative rules and legislate from the executive office. This would be disastrous for small business owners who all too often end up bearing a disproportional burden in complying with and paying for state initiatives."
