Tag Archives: ahcccs

Court of Appeals is skeptical of Tea-Publican legislators’ appeal of Medicaid (AHCCCS) expansion plan

Our Tea-Publican state legislators were in court on Valentine’s day trying to reverse Gov. Jan Brewer’s Medicaid (AHCCCS) expansion plan that benefits over 400,000 Arizonans who now have access to medical care. They are represented by the “Kochtopus” Death Star, the Goldwater Institute.

It does not appear that things went well for our lawless Tea-Publican legislators. The Arizona Capitol Times (subscription required) reports, Court of Appeals hears challenge to Medicaid expansion affecting hundreds of thousands:

With former Gov. Jan Brewer watching over the defense of her legacy, a panel of appeals court judges grilled a lawyer who argued the Medicaid expansion Brewer shepherded into law is unconstitutional.

The Goldwater Institute, a non-profit that advocates for conservative and libertarian causes in the courtroom and Legislature, is challenging the expansion, arguing that a levy imposed on hospitals is a tax increase and required two-thirds approval of the Legislature, which it did not receive.

At stake is Medicaid coverage for up to 400,000 childless adults in Arizona.

Brewer, a GOP governor who pushed the legislation through against the opposition of the majority of Republican lawmakers, attended the oral arguments.

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AZ Court of Appeals to hear Medicaid (AHCCCS) expansion appeal on Arizona statehood day

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.

Cartoon_08I 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.

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Impressive response by Arizona Business Leaders™ to the terrible budget

Crossposted from DemocraticDiva.com

scott walker az chamber of commercePhoto: AZ Chamber of Commerce and Industry announcement

By “impressive”, of course, I mean “pathetic”. The GOP led AZ Legislature dropped a turd of a budget in the middle of Friday night/Saturday morning that guts (among other things) university and community college funding and – because this is the cruelest session toward poor people that I’ve seen since I moved here in 1997 – cuts millions in Medicaid assistance, limits Temporary Assistance to Needy Families to an arbitrary lifetime cap of one year, and fails to fund child abuse and neglect prevention. Continue reading