Club Files Amicus Brief to Stop Unconstitutional Tax Hike

Today the Arizona Free Enterprise Club filed an Amicus Curiae brief with the Arizona Supreme Court in Biggs v. Brewer to defend voters and taxpayers from the legislature and the executive attempting to undermine the 2/3rd vote requirement to pass a tax hike at the legislature.

For some additional background, in 2013 the Arizona State Legislature passed a massive expansion of the Medicaid program under Obamacare, one of the largest entitlement expansion in Arizona history.  In doing so, the Legislature also created a number of new hospital fees and tax increases, despite not attaining the necessary 2/3rds majority as Constitutionally required under Proposition 108 – passed in 1992 with 72% of the vote.

In an effort to stop the challenge, the defendants of the illegal tax increase are claiming that there is no standing to sue, because ultimately the legislature has the authority to decide what constitutes a tax hike. 

“19 Senators and 33 Representatives simply do not have the power to decide what is and what isn’t Constitutional,” said Scot Mussi, President of the Club. “Arizona voters sent an unmistakable message about the need for lower taxes and spending when they overwhelmingly approved Prop 108, it cannot be ignored when it proves inconvenient for politicians.”

We are hopeful that the Supreme Court will side with taxpayers and eventually uphold the 2/3 requirement for tax increases that is enshrined in our Constitution. To view the Club’s brief, click here.