Maricopa Superior Court Judge Katherine Cooper has ruled that the group of Legislators who are suing over the AHCCCS expansion vote don't have standing to sue--which results in the suit being thrown out. This ruling makes no sense and I predict that it will be overturned by the Supreme Court. The Legislators may eventually lose on the merits, but they will definitely get their day in court.
Judge Cooper's ruling is absurd on its face. The legislators are arguing that the Arizona Constitution gives a minority of either the House or Senate the ability to block a tax increase. That means that if 11 senators, or 21 house members vote against a tax increase then it doesn't go into law.
Last year, the legislature passed a bill with a simple majority and the legislators claim that the bill was a tax increase and that their right of minority blockage was ignored. The judge ruled that this group isn't allowed to sue because they are .....wait for it....a minority of the Legislature. Well duh, that's their point. If it takes a majority vote in order to have standing in a case involving minority rights, then the minority has no rights. Look for the Supreme Court to accept and then reverse the standing issue.
The lefty blogs are gloating that a group of Conservative Legislators has been thrown out of court for lack of standing, but think about it for a second. The ruling says that a minority of the legislature can not petition the courts if the minority's rights are violated. The Republicans have held the Arizona House of Representatives since 1968...do Democrats really want the courts to say that it takes an affirmative vote of both the House and Senate in order to challenge a legislative action? Don't you guys understand that if this ruling stands, the majority can do anything that it wants and you will have no recourse?
The court will overturn the ruling....and you had better hope that it does.