Arizona high court to consider Medicaid suit

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By Catherine Holland By Catherine Holland

PHOENIX (AP) -- The Arizona Supreme Court is set to consider whether to take up Gov. Jan Brewer's appeal of a lower court decision allowing a lawsuit challenging her Medicaid expansion plan to proceed.

The court meets behind closed doors Tuesday morning on her request to overturn an April appeals court ruling reinstating a suit filed by Republican lawmakers. The court could decide to take the case, leave the lower court decision intact or delay a decision.

The appeals court decision said lawmakers may sue over their contention that a hospital assessment funding the expansion is a tax requiring a two-thirds vote of the Legislature. 

The Republican governor pushed her plan though the Legislature in 2013.  The expansion was a key part of President Barack Obama's health care law.