Krol’s Take on How Rod Can Do This
Krol gets the idea of what Blagojevich is doing right, but the politics are a bit off:
Blagojevich will use his executive powers to expand health care programs for the poor and uninsured. Here’s how he gets around the fact that he cannot by law spend the $500 million in special projects he plans to veto: Blagojevich spends the Medicare money lawmakers have authorized and then lets the bills pile up. The governor either comes back and asks for more money when the Medicaid spending power runs out before the end of the fiscal year, or the bills get paid out of the next year’s budget. The governor can do this because most of his health care expansions were passed into law without a lot of details. The specifics were hashed out at an obscure rules-making body later. That same body will consider Blagojevich’s new health-care expansions. The only way to block it would be for House Speaker Mike Madigan, House Republican leader Tom Cross and Senate Republican leader Frank Watson to have their members team up to shoot down the rules changes. That opens them up to a rhetorical barrage from Blagojevich that they’re blocking health care for “working people.” But it’s unclear whether the public would be able to grasp all this by that point.
Given this is a public strategy, Blagojevich shot himself in the foot because assuming he can get past JCAR–and I doubt he can, the Courts would have a clear intent of his actions spelled out–and Blagojevich is saying he is appropriating money–something he is forbidden to do. His new rules will be hit with injunctions and then heard in court. The evidence is clear that he’s trying to appropriate money contrary to what the Legislature passed. He cannot do that and a court can use this sort of strategy as evidence of intent and thus, evidence that it was not simply delegated authority.
Krol thinks this works in Blagojevich’s favor because he can rail against the Leaders. Typically Krol would be right, but right now, Blagojevich is taking a pounding everywhere and what it looks like to most voters is that he is arrogant and evading the Constitution/law. And he is.