Challenge to Proposition 2 Scheduled for Next Month

Supreme Court of Idaho

Boise (670 KBOI News) – The Idaho Freedom Foundation will get its day in court next month.

On January 29th, the self-described libertarian think-tank will make its case against Proposition 2, the just-passed Medicaid expansion initiative, to the Idaho Supreme Court.

Communications Director Dustin Hurst says the case is clear…the proposition is vaguely written, to the point that its unconstitutional.

“Anything passed by the voters must pass muster with the Constitution,” said Hurst.  “Our contention is that this initiative is unconstitutional.  I don’t know why the progressive activists didn’t get it right the first time, but they didn’t.  The Rule of Law matters, or it doesn’t.  Words matter, or they don’t.”

He says their attorney, Bryan Smith of Idaho Falls, will make the case that the wording of the initiative leaves it up to the Idaho Department of Health and Welfare to decide how to carry out the expansion.

But Hurst says the state constitution requires whoever writes laws to be specific about how the law will be executed.