Feb 8, 2014 5:39 PM by Associated Press

Suit challenging Arizona's Medicaid plan tossed

PHOENIX (AP) - A judge has dismissed a lawsuit challenging Arizona Gov. Jan Brewer's Medicaid expansion plan that was filed by fellow Republicans in the state Legislature.

In a ruling posted Saturday, Maricopa County Superior Court Judge Katherine Cooper agreed with Brewer that the lawmakers challenging the law don't have the right to sue.

The GOP lawmakers argue that the law passed in June expanding the state's health insurance plan for the poor violates the state Constitution because it raises taxes without a required two-thirds vote.

Brewer put together a coalition of Democrats and some Republicans who supported the expansion. She argues that a hospital assessment designed to pay the state's costs isn't a tax.

The suit was filed by the Goldwater Institute on behalf of 36 Republican legislators. Goldwater plans an appeal.


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