The lawsuit filed against Arizona’s Medicaid Expansion —- an issue which caused mammoth legislative rifts last year —- has been given new life as Division One of the state Court of Appeals ruled that thirty-six Republican legislators,* two constituents whose representatives voted against the bill, and taxpayer Tom Jenney, have a constitutional right to challenge the law and the tax levy it imposes.
The Arizona court rejected Gov. Jan Brewer’s assertion that a simple majority of lawmakers have the constitutional authority to decide when a measure needs a two-thirds vote. In the court’s 11-page ruling, Appellate Judge John Gemmill wrote that ignores the actual language of the Arizona Constitution.
A petulant Brewer, who disingenuously called the tax levy an “assessment,” has promised to take the issue to the AZ Supreme Court. All new taxes are subject to a two-thirds legislative vote in the state of Arizona. Brewer pushed this tax through during a special session. The late night ‘debate’ did not allow those in opposition to speak.
Read the opinion delivered by the three judge panel.
* Andy Biggs, Andy Tobin; Nancy Barto; Judy Burges; Chester Crandell; Gail Griffin; Al Melvin; Kelli Ward; Steve Yarbrough; Kimberly Yee; John Allen; Brenda Barton; Sonny Borrelli; Paul Boyer; Karen Fann; Eddie Farnsworth; Thomas Forese; David Gowan; Rick Gray; John Kavanagh; Adam Kwasman; Debbie Lesko; David Livingston; Phil Lovas; J.D. Mesnard; Darin Mitchell; Steve Montenegro; Justin Olson; Warren Peterson; Justin Pierce; Carl Seel; Steve Smith; David Stevens; Bob Thorpe; Kelly Townsend; Michelle Ugenti.