Arizona’s Governor Jan Brewer violated a voter-enacted constitutional protection when she illegally forced Medicaid expansion through the legislature, according to the Goldwater Institute. Now, the Arizona State Supreme Court agreed on Tuesday to hear an appeal brought by her to deny Arizona legislators their day in court.
The Governor is fighting an appeals court ruling that recognized the standing of 36 state legislators who voted to against the Governor’s massive expansion of the state’s Medicaid program under the Affordable Care Act.
In July 2013, Brewer called state legislators into a special session and pressured them to pass a Medicaid expansion bill. This Medicaid tax bill became law with the approval of a simple majority of legislators, even though a supermajority was constitutionally required under Prop 108 of the state constitution, according to the Goldwater Institute.
In a statement, Brewer applauded the Supreme Courts’ hearing of her appeal and criticized the suit, calling it a “distraction.”
In a statement issued Tuesday, Christina Sandefur, a senior attorney with the Goldwater Institute who is representing the legislators suing Brewer, said, “We would love to see the state focus on its legitimate responsibilities rather than violating the will of the taxpayers by ramming through unconstitutional legislation that will unduly burden generations of Arizonans with an expensive and unsustainable long-term liability. This case is vital to upholding the integrity of the legislative process and keeping lawmakers in check when they want to skirt the rules to support their personal agenda.”
“The Court of Appeals obviously disagreed with the governor about the suit being baseless, and we are hopeful the justices of the Arizona Supreme Court will agree and give the legislators their day in court,” concluded Sandefur.
Oral arguments will be scheduled by the court soon.