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Updated Dec 13, 2013 - 4:41 pm

Judge mulls suit over Gov. Brewer's Medicaid plan

PHOENIX -- A judge in Phoenix is considering whether to allow a lawsuit filed by 36 Republican lawmakers challenging Arizona Gov. Jan Brewer's Medicaid expansion plan to proceed.

Maricopa County Superior Court Judge Katherine Cooper heard arguments Friday from lawyers for the lawmakers and Brewer on her request to block the suit. Cooper says she'll try to rule by the end of the year.

The GOP lawmakers argue that the law expanding the state's health insurance plan for the poor violates the state Constitution because it raises taxes without a required two-thirds vote.

Brewer's lawyer argued that a hospital assessment designed to pay the state's costs isn't a tax. Attorney Douglas Northup says lawmakers lost the battle in the Legislature and the courts should not be drawn into a political fight.

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