In a lawsuit filed by a lawyer and two business-group representatives, Blagojevich lawyers admitted they had virtually no record of [the FamilyCare health insurance] program.

They said the administration can't identify participants or contact them, monitor premium payments or refund them, and don't even know how much they've collected in premium payments or where the money is. That, along with the Legislature's rejection of the program, raised ''severe concerns,'' Judge Fitzgerald Smith wrote in issuing the court's opinion.

The Democratic governor asked the Legislature last year to expand state-subsidized health care by raising income limits, adding 147,000 people at a cost of about $40 million. The Legislature refused, as did a legislative rules-making body and Secretary of State Jesse White.

But Blagojevich began enrolling newcomers. The administration continued even after Circuit Judge James Epstein issued his April injunction. It took another court order to get Blagojevich to stop.

Greg Baise, president of the Illinois Manufacturers Association and a plaintiff, called the lack of records ''appalling'' and said it's likely plaintiffs will ask the judge to appoint an outside monitor to ''unwind'' the program because Blagojevich can't be trusted.