Wednesday, December 31, 2014

AZ Supreme Court Green Lights Lawsuit Against Brewer's Medicaid Expansion

Posted By on Wed, Dec 31, 2014 at 10:31 AM

Less than a week before Gov. Jan Brewer officially stops being governor, she gets a blow from the Arizona Supreme Court. Her expansion of Medicaid may get kicked. Her move to sign that bill was actually a good one, though.

From The Associated Press today.
The Arizona Supreme Court is allowing a lawsuit challenging Gov. Jan Brewer's Medicaid expansion to proceed in a major blow to her signature achievement as governor.

The court ruled Wednesday that lawmakers can sue over a hospital assessment that funds the expansion. Republicans in the House and Senate sued after a bare majority passed the expansion in June 2013. They argued the assessment is essentially a tax requiring a two-thirds majority vote to pass.

A Maricopa County judge in February dismissed the case, saying the Legislature itself decides if a super majority vote is needed. But the court of appeals overruled that in April and the Supreme Court agreed.

Goldwater Institute lawyers representing 36 Republican lawmakers plan to ask the county judge to halt the assessment immediately.

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