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Corzine Sues Bush Over Kids Health Insurance; 7 States Follow Lead

by: Juan Melli

Mon Oct 01, 2007 at 12:23:46 PM EDT



A few weeks ago Governor Corzine threatened the Bush administration with legal action over the proposed rule changes to SCHIP which would have left thousands of New Jersey children without health insurance. He wasn't bluffing, and today New Jersey and seven other states announced they will take legal action. Governor Corzine:
"SCHIP is an unqualified bipartisan success in New Jersey and in states across the nation, and the Bush Administration's determination to pursue a course of action that will harm our children's health is incomprehensible. This same Administration previously signed off on our decision to cover the 10,000 kids they are now seeking to kick out of SCHIP, and the lawsuit we filed today demonstrates that we will simply not let that happen. Washington should be a partner to states that are trying to cover more children, not an opponent, and I urge the President to reverse course, withdraw the letter, and sign the bipartisan legislation before him."
New Jersey's leaders offered their support. Senator Menendez:
"In Congress and on the state level, we are standing up to the president's misguided plans to restrict health coverage for children who have nowhere else to turn. This is a matter of values - do we value our children and do our actions match our values? The administration's actions do not."

"As a senator who led 43 of my colleagues in urging the president to reconsider his uncompassionate attempt to cut kids off the program, I support and applaud Governor Corzine and Attorney General Milgram for filing suit to block these limits."

Senator Lautenberg:
"We will use every means at our disposal in court and in Congress to overturn President Bush's misguided and dangerous policy. The President is literally trying to take health insurance away from thousands of children in New Jersey and we can't let that happen."
Congressman Payne:
"Because of SCHIP, many families are able to rest a little easier in knowing their children's healthcare needs are being met through this critical program. I stand with Governor Corzine in insisting that New Jersey residents be given the opportunity to keep this important health initiative."
Congressman Pallone:
"All year, the Bush administration has resisted efforts to ensure more children have access to health insurance. In order to reach more eligible children, states need the flexibility to run their programs as they see fit. President Bush is seriously undermining that flexibility, and is threatening to veto bipartisan legislation that keeps such flexibility intact, which is why New Jersey has no other choice than to file this lawsuit."
Seven other states - Arizona, California, Illinois, Maryland, New Hampshire, New York and Washington - all announced that they will also take legal action against the administration.
Juan Melli :: Corzine Sues Bush Over Kids Health Insurance; 7 States Follow Lead
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I've got a question... (0.00 / 0)
...what is the legal basis for these lawsuits?

Without trying to create a series of detailed follow-up questions, why does Bush have any legal authority here aside from vetoing any future funding bills for this program? If that is the legal authority in question, on what basis can the President be sued for vetoing a bill? If not, hasn't Congress already allocated money for this program to be used as stated in previously signed legislation?

Conclusion: I'm confused.


As I Understand It.... (4.00 / 1)
....Bush is in favor of re-interpreting/defining the class of children eligible for SCHIP under even the existing program in such a way that it conflicts with New jersey's practices to date.

The result would be that kids currently covered would lose that coverage because Bush/Saxton et al think their parents have too much income and should be buying the insurance from the Health Insurance industry.

So the legal actions are a good thing; though I doubt they would prevail if Bush had the chutzpah to fight it all the way to his custom tailored "Supreme" Court. 

This conservative dominated SCOTUS has, so far, given the administration all manner of discretionary power/leeway to interpret/write the rules re how they "execute" the laws congress passes.....and to make "signing statements" that are in opposition to the spirit of those laws  Their bias is blatant.

On the other hand, if enough light is shed on this, and enough decent people from BOTH parties come up with the courage to tell Bush and the medical industrial complex to cut the crap; then democracy will have worked! 

Ultimately, even the courts are affected by the results of elections.

If there are any legal types out there that can shed more detailed light on this; please do!

 


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