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.