By Jeremy Duda | Arizona Capitol Times
The Arizona Supreme Court ruled that 36 Republican lawmakers have standing to sue over Gov. Jan Brewer’s Medicaid expansion program, allowing their case to move forward and dealing a potentially crushing blow to one of Brewer’s signal accomplishments just days before she leaves office.
Now, the case will go back to the district court, where a judge will determine whether the lawmakers are correct in their assertion that a hospital assessment used to fund the expansion should have been subject to a provision in the Arizona Constitution that requires a two-thirds supermajority in the Legislature to pass a tax increase.
The lawmakers argue that the assessment is a tax and was passed illegally because it only received a simple majority in the Legislature, not a supermajority. Brewer and other supporters of the expansion say the assessment is not a tax and is therefore not subject to the supermajority requirement.
Statement from Governor Jan Brewer
Arizona Supreme Court Ruling in Medicaid Lawsuit
“While I am naturally disappointed in today’s ruling by the Arizona Supreme Court, it simply means that the state now has the opportunity to fully defend the merits of our Medicaid restoration law in superior court. I am abundantly confident that Arizona will ultimately prevail, and that the state will be able to focus on implementing one of the most meaningful and critical health care policies in years – the restoration of crucial, cost-effective care to thousands of Arizonans.
“Still, today’s ruling carries with it troubling consequences for future leaders by enabling our courts to referee legislative battles, and possibly opening a Pandora’s Box for additional baseless, politically-charged lawsuits.
“So this battle is not over. I stand with the great majority of Arizonans in defending this necessary and crucial policy, safeguarding our rural and safety-net hospitals and protecting our state budget.
“Medicaid restoration is the right choice for Arizona … it’s worth fighting for … and I’m proud to have done that as governor. I am confident the fight will continue, and that the law will ultimately be upheld.”
