The long-delayed lawsuit by our Tea-Publican legislators and the Goldwater Instititute against Governor Jan Brewer’s Medicaid (AHCCCS) expansion plan, Biggs, et al v. Brewer, et al. (CV2013-011699 Maricopa County Superior Court). Biggs v. Betlach (1 CA-CV 15-0743), is scheduled for oral argument today before the Court of Appeals Division One in Department A in Courtroom 1 at 9:30 a.m.
I have previously explained that this case is ostensibly about the Obamacare medicaid expansion plan, but is really about preserving the GOP’s weapon of mass destruction, Prop. 108 (1992), the “Two-Thirds for Taxes” Amendment. AZ Court of Appeals revives GOP legislators’ challenge to Gov. Brewer’s Medicaid (AHCCCS) expansion; Medicaid (AHCCCS) expansion case set for hearing on July 30, 2015.
The Maricopa County Superior Court rejected the arguments of Tea-Publican legislators and the Goldwater Institute in August of last year. Superior Court judge upholds Brewer’s Medicaid expansion:
A Maricopa County Superior Court judge upheld former Gov. Jan Brewer’s 2013 Medicaid expansion plan, ruling that a hospital assessment that funds the program is not subject to a provision in the Arizona Constitution that requires a two-thirds vote in the Legislature for a tax increase.
Judge Douglas Gerlach ruled that HB2010 did not violate the supermajority provision, which voters approved in 1992 as Proposition 108, because it is not a tax and falls under an exemption to the two-thirds vote requirement.