PHOENIX — The Arizona Court of Appeals has revived a lawsuit challenging
Gov. Jan Brewer’s expansion of the state’s Medicaid insurance plan for the poor.
The court ruled Tuesday that lawmakers have the right to sue over a hospital
assessment that funds the expansion. Republicans in the House and Senate sued
last year over the assessment, arguing that it is essentially a tax that
required a two-thirds majority vote to pass. Only a bare majority passed the
A Maricopa County judge in February dismissed the case, saying lawmakers did
not have the right to sue. The judge said it is the legislature itself that
decided if a supermajority vote is needed.
The appeals court rejected that decision and sent the case back to Judge
Katherine Cooper for more action.