Posted by AzBlueMeanie:
Two critical lawsuits will get a hearing in December.
The lawsuit filed in Maricopa County Superior Court on behalf of 36 Republican legislators and a pair of citizens by lawyers for the Goldwater Institute contends the hospital assessment in the law is a tax that required a 2/3 vote of the Legislature under the state Constitution. It also alleges that allowing the director of the state's Medicaid program to set the assessment and exempt some providers gives him taxing authority that properly belongs to the state Legislature. Judge sets date to hear Medicaid expansion lawsuit:
Maricopa County Superior Court judge Katherine Cooper set a Dec. 9 date to hear the suit filed in September on behalf of 36 Republican state lawmakers and a pair of citizens.
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Brewer's lawyers want Cooper to throw out the suit. They say the plaintiffs don't have standing to sue and lawmakers could sue to stop any law it moves forward.
The Arizona Republic reported, Brewer’s lawyers: Suit challenging Medicaid expansion has no merit:
Arizona lawmakers on the losing side of the Medicaid expansion vote have no legal authority to stop the new law that broadens eligibility for low-income residents, attorneys for Gov. Jan Brewer argued in a court filing Wednesday.
Brewer’s attorneys asked Maricopa County Superior Court Judge Katherine Cooper to dismiss the lawsuit, filed last month by the conservative Goldwater Institute, saying the court should not get involved in a legislative dispute.
The Republican lawmakers “are a disgruntled faction within the Legislature that was outvoted by a bipartisan coalition,” wrote Douglas Northrup, an attorney with Fennemore Craig. “Legislators’ alleged injury is a loss of legislative and political power.”
Three other plaintiffs — two constituents and the state director of Americans for Prosperity — also lack authority to sue, he argued, largely because they can’t show they’ve suffered any harm from the portion of the law that’s being challenged, which is an assessment on hospitals to help pay for expansion.
“If the court found that standing to challenge a law’s constitutionality is found with such tenuous allegations of injury, every constituent whose legislator voted against an allegedly unconstitutional bill would have standing,” Northrup wrote.
He argued that the Arizona Supreme Court recognized the limits of legislative standing in a 2003 case, ruling that individual legislators did not have authority to challenge then-Gov. Janet Napolitano’s line-item veto authority.