The Arizona Supreme Court declined to take action on a lawsuit to stop Gov. Jan Brewer from moving forward with plans to block some low-income from receiving health insurance.

Tim Hogan of the Arizona Center for Law in the Public Interest had filed a lawsuit to stop the Brewer administration changing AHCCCS eligibility levels that were set by voters in 2000.

Under the current law, anyone who earns up to 100 percent of the federal poverty level is eligible for state-subidized health insurance.

But in the upcoming fiscal year, Brewer wants freeze enrollment so that no new adults without minor children will be eligible for the program. In addition, adults with children who earn above 75 percent of the federal level would also be cut off.

Hogan had sued the state, arguing that the Brewer administration couldn’t change a program mandated by voters. He had asked the Arizona Supreme Court to issue an injunction in the case blocking Brewer’s changes.

Today, the court decided it would not take on the case and instead said that Hogan should start at the Superior Court level.

Hogan tells The Range that he’ll file a new suit in Maricopa County on Monday.