The Arizona Supreme Court is set to take up Gov. Jan Brewer’s appeal of a decision allowing a lawsuit challenging her Medicaid expansion plan to proceed.
The court meets in Tucson Thursday to hear the request to overturn an appeals court ruling reinstating a suit filed by Republican lawmakers.
A Superior Court judge dismissed the lawsuit filed by the lawmakers in February, saying they lacked legal standing. But the Arizona Court of Appeals overturned that decision two months later.
The appeals court decision said lawmakers may sue over their contention that a hospital assessment funding the expansion is a tax requiring a two-thirds vote of the Legislature. Brewer’s lawyers say the assessment isn’t a tax and the high court should not let lawmakers who lose a vote sue.