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BIGGS v. COOPER

No. 1 CA-SA 14-0037.

323 P.3d 1166 (2014)

Andy BIGGS; Andy Tobin; Nancy Barto; Judy Burges; Chester Crandell; Gail Griffin; Al Melvin; Kelli Ward; Steve Yarbrough; Kimberly Yee; John Allen; Brenda Barton; Sonny Borrelli; Paul Boyer; Karen Fann; Eddie Farnsworth; Thomas Forese; David Gowan; Rick Gray; John Kavanagh; Adam Kwasman; Debbie Lesko; David Livingston; Phil Lovas; J.D. Mesnard; Darin Mitchell; Steve Montenegro; Justin Olson; Warren Petersen; Justin Pierce; Carl Seel; Steve Smith; David Stevens; Bob Thorpe; Kelly Townsend; Michelle Ugenti; Jeanette Dubreil; Katie Miller; Tom Jenney, Petitioners, v. The Honorable Katherine COOPER, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Janice K. Brewer, in her official capacity as Governor of Arizona; Thomas J. Betlach, in his official capacity as Director of the Arizona Health Care Cost Containment System, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

April 22, 2014.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, By Clint Bolick , Kurt M. Altman , Christina Sandefur , Phoenix, Counsel for Petitioners.

Fennemore Craig, P.C. By Patrick Irvine , Timothy J. Berg , Carrie Pixler Ryerson , Douglas C. Northup , Phoenix, Counsel for Real Parties in Interest Governor Janice K. Brewer and Thomas J. Betlach.

Office of Governor Janice K. Brewer, By Joseph Sciarrotta, Jr. , Phoenix, Co-Counsel for Real Party in Interest Governor Janice K. Brewer.

OPINION

GEMMILL, Judge.

¶ 1 Petitioners are thirty-six members of the Arizona Legislature ("plaintiff legislators"), two constituents whose representatives voted against the bill at issue ("plaintiff constituents"), and a taxpayer seeking to bring suit pursuant to Arizona's private attorney general statute ("taxpayer Jenney") (collectively "Plaintiffs"). Together, they sought to enjoin enforcement and challenge the constitutionality of "Arizona's expanded...

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