Symington asks court to toss Medicaid suit

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By Catherine Holland By Catherine Holland

PHOENIX (AP) -- Former Arizona Gov. Fife Symington is among those asking the state Supreme Court to throw out a lawsuit challenging Gov. Jan Brewer's expansion of Medicaid insurance plan for the poor.

A group of lawmakers from both parties joined Symington and business and hospital groups in a friend of the court brief Tuesday.

The Arizona Court of Appeals ruled in April that conservative Republican lawmakers have the right to sue over a hospital assessment that funds the expansion. That ruling overturned a lower court judge's decision dismissing a suit filed by Republicans in the House and Senate who sued last year.

The conservative lawmakers argued that the assessment is essentially a tax requiring a two-thirds majority vote to pass.

The high court is expected to act in August.

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