09/13/2013 12:34 pm ET

Jan Brewer Sued Over Arizona Medicaid Law


Arizona Gov. Jan Brewer (R) is being sued over a new law expanding Medicaid in her state.

Lawyers for the Goldwater Institute filed a lawsuit on Thursday against Brewer and the state's Medicaid director on behalf of a pair of citizens and 36 Republican lawmakers, the AP reports.

The Arizona Republic reports the lawsuit argues Brewer and a bipartisan legislative coalition violated the state's Constitution, saying a hospital assessment in the law is a tax that was imposed without garnering a two-thirds majority vote in the Legislature. The lawsuit also says lawmakers in favor of Medicaid expansion ceded their authority to the executive branch in violation of the Constitution’s separation of powers.

One attorney from the Goldwater Institute said the situation is "taxation without representation."

“What they’ve basically tried to do is make an end run around one constitutional provision, and, by doing so, we think they’ve violated a second constitutional provision," Christina Sandefur said.

Brewer signed a law expanding the state's Medicaid program in June. She has continually received criticism from her Republican colleagues in Arizona over her support of Medicaid expansion, a key component of Obamacare.

As a GOP divide formed over the issue in the state, Brewer urged unity among Republicans.

“To continue efforts to potentially hurt and intimidate those who stood with me only puts Republicans’ chances for electoral success next year back in harm's way,” Brewer wrote to Republicans in an open letter in July. “Democrats are looking for ways to tip the scales on a statewide level to increase Democrat turnout."

Click here for more on the lawsuit from the Arizona Republic.



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