Judge Blocks Prescription Discount Plan

I thought you might be interested in the Judge's latest ruling.

2001, Bush: ...finding that the administration may have lacked the authority to create such a program without congressional approval.

1999, Clinton: ...--- Today, Judge Paul Friedman of the U.S. District Court for the District of Columbia granted President Clinton's motion to dismiss a suit filed by thirty-one members of Congress, including Maryland Sixth Congressional District Congressman, Roscoe G. Bartlett.

The Judge dismissed the suit on the grounds that the Congressmen had no standing in the court based on the facts that Congress had appropriated funds for the war, did not vote to end U.S. involvement in Kosovo, and that all 213 members who voted to end our involvement were not plaintiffs. (On April 28, Congress failed to authorize the NATO air strikes by a 213 to 213 vote.) The judge ruled despite the fact that the War Powers Act states clearly that no appropriation should be taken as authorization and that the Act demands an affirmative vote to engage our troops.

Could this Judge be just a wee bit biased?

Just do it by execitive order like Clinton and thumb your nose at the courts like Clinton. Bush does not have the balls to do it this way.

The judge, despite his politics, actually made the right decision. People heavily involved in Pharma know that this program is going to be a disaster. Not because of Bush, but because of the sharks this program has already attracted.

This program needs to just go away.

Thanks for the heads up!!!

Ari Fleischer addressed the ruling at yesterday's press briefings. He essentially states that the Judges ruling is a stay, and that the White House legal team is looking into it. It is clear that President Bush has no intention of not following the law, will explore legal avenues to ease prescription drug costs, and is eager for an existing Medicare bill to pass through Congress unburdened by a list of add-ons.

Press Sec. Comments on the Judge's Ruling:

Q Reaction to this ruling on the discount cards and what the administration would do next?

MR. FLEISCHER: Well, the President is disappointed by this stay. The President is dedicated to getting senior citizens prescription drugs and prescription drug coverage at as low a price as possible, and as fast as possible.

In effect, what the judge said is that this administration tried to help seniors too directly and too quickly. The President is proud to help seniors directly and quickly. And as evidence of the success of the program, as it was about to be announced and implemented, is that 28 organizations had applied to the federal government to participate in it, which is a sign of how strong a proposal this is.

The administration is considering its legal options for what the next course of action to take is, but this program with this prescription drug card, the President believes will serve our nation's seniors very well, and he's disappointed by today's stay.

Q If I can just follow up on that. That response from the administration is a political response, and says nothing -- does not speak to the merits legally of any potential challenge. Do you have anything to say about the merits of the decision?

MR. FLEISCHER: That's why my last statement indicated that we're considering legal options.

Q But can you give some sort of response that goes to the merits and not just to the politics of this?

MR. FLEISCHER: Well, I'm not a White House attorney, and so I would not presume to speak on the legalities of the case. Our lawyers -- I talked to them this morning, and White House lawyers are reviewing options.

Q But why should the American people listen to a political argument based on a legal ruling if you're not speaking to the merits of the ruling?

MR. FLEISCHER: Because merits of the ruling get discussed in courthouses.

Q But I just don't know why that's -- I mean, how does it inform anybody --

MR. FLEISCHER: The ruling came out last night. Our lawyers, as should be expected, are looking at the ruling right now. It's a stay; it's not a final ruling, and our lawyers are examining it, reviewing their options, and I'm not going to give you a statement that's based on a review that is underway.

I'd be more than pleased, once our lawyers have reached conclusions, to share that and share the legal reasoning.

Q So the court very well may be right?

MR. FLEISCHER: The court very well may be wrong. That's why you have lawyers.

Q But they could be right?

MR. FLEISCHER: That's why you have lawyers.

Q Ari, let me see if I can move this ball a little further. The Health and Human Services Secretary this morning as much said is we're going to have to take this to Congress where there is no appetite for a prescription drug discount card. So what do you do next, in terms of -- I'm not talking about legal arguments, I'm talking about -- there are people high up in this administration who have pretty much thrown in the towel on the drug discount card. So what do you do next to get prescription drugs into the hands of seniors?

MR. FLEISCHER: You've left out some other information that the Secretary of Health and Human Services also said, which is that we're -- HHS is reviewing legal options, and that they are talking to the Justice Department about those options.

So I totally disagree with the characterization that any senior person has thrown in a towel. That's not the case. The ways to proceed next are several-fold. One, the President is dedicated to this because it helps seniors get prescription drugs and get them at as low a price as is possible. Proceed through legal options -- and, again, this is a stay, this is not a final determination by a court, and that's an important distinction.

Two, the President also has proposed to the Congress that Congress get moving on a Medicare reform proposal that includes giving prescription drugs to seniors. Now, many presidents have said that to many Congresses in the past. Sometimes if everybody waits for Congress, it may not get done in a time to help our seniors, which is why the President is dedicated to a two-fold approach to helping seniors get prescription drugs.

One, through this discount card that gets them to them quickly. And, two, through legislation.

Q I guess the very direct question then is, have you got something else in your back pocket should you not prevail?

MR. FLEISCHER: Well, as you know, the President -- well, legally, of course, you have to be bound by whatever the courts decide. And this is only a stay. But the President has called on Congress to pass a Medicare reform proposal that included prescription drugs. And, in fact, as you recall, there is action pending in the United States Senate which is a tri-partisan bill. It's Senator Breaux, a Republican, it's Senator Jeffords and the President is very pleased by the pending action that is taking place.

Senate Finance may move on this rather quickly, which would be a very strong sign. But let me remind you that sometimes when the American people wait for Congress to complete action on an item as big as a Medicare reform plan that includes prescription drugs, history shows the American people may be waiting for a longer period than they like. What's wrong with taking action in the interim to get seniors prescription drugs at a discount now?

Q Well, is the President going to weigh-in on this and really try to get it moving in Congress, Medicare reform?

MR. FLEISCHER: Absolutely, Helen. If you recall, the President had an event at the White House in the summer on Medicare reform; he announced his principles for reform and --

Q Why doesn't he focus on that?

MR. FLEISCHER: Well, Senate Finance Committee, as I just indicated, is taking a strong look and they may be moving shortly on a Medicare reform plan.