A Republican lawsuit challenging Arizona’s expansion of Medicaid under Obamacare got a big boost from the state supreme court, the Associated Press reported Wednesday.
The high court agreed to allow the case, brought by 36 GOP state legislators against Republican Gov. Jan Brewer’s administration, to move forward. It alleges that part of the state’s expansion plan, an assessment on hospitals to pay for the state’s share of any expansion funding, is unconstitutional.
Arizona’s Medicaid expansion plan passed with just over half of the state legislature moving in favor — the lawsuit alleges it needed two-thirds as a tax under state law.
Brewer’s administration has fought the lawsuit, but her incoming successor, Doug Ducey, did not respond to the AP’s request for comment on whether his administration would continue to do so. The case will now head back to a trial court.
Medicaid expansion is expected to eventually cover up to 300,000 low-income Arizonans.