In a bit of a surprise today, Maricopa County Superior Judge Douglas Gerlach ruled in favor of Governor Jan Brewer’s Medicaid (AHCCCS) expansion plan, and the bipartisan coalition of Democrats and a handful of Republicans who came together to pass the legislation by a simple majority.
As I have previously warned you, this case is no longer about Governor Jan Brewer’s Medicaid (AHCCCS) expansion plan per se, it is about the “Kochtopus” Death Star, the Goldwater Institute, trying to preserve the GOP’s “weapon of mass destruction,” Prop. 108 (1992), the “two-thirds for taxes” amendment. The Goldwater Institute, representing the 36 Tea-Publican legislators/plaintiffs in this case, will appeal. This case is far from over.
The Arizona Republic reports, Judge: Medicaid expansion was constitutional:
The Arizona Legislature needed only a simple-majority vote to expand the state’s Medicaid program in 2013, a Superior Court judged ruled on Wednesday.
The case hinges on whether a hospital assessment lawmakers approved to fund the expansion, which extended health-care coverage to more than 250,000 low-income Arizonans, is a fee, as its proponents argued, or a tax.
Judge Douglas Gerlach, in his ruling, said the fee “does not qualify as a tax,” as the 36 Republican legislators who opposed it have argued. As a result, there was no need for a two-thirds super-majority to enact the legislation.