Representing Arizona Gov. Jan Brewer’s administration and the Arizona Health Care Cost Containment System (the state’s Medicaid program), Ballard Spahr partner Joseph A. Kanefield recently argued before the state Court of Appeals. The state’s position is that a voter-approved measure providing free health care to the poor is nothing but a request for funding—but the request is unenforceable and unfundable, though the state cannot cap the number of people who can enroll.

Mr. Kanefield argued that the language that prohibits an enrollment cap “is qualified ... by funding availability.”