Idaho Supreme Court

Idaho Supreme Court building in Boise

The Idaho Supreme Court plans to hear arguments Jan. 29 in a lawsuit seeking to overturn the Medicaid expansion initiative that passed last month.

The court issued an order Monday setting a hearing and a schedule for the parties to file briefs, said Bryan Smith, the Idaho Falls lawyer who is representing Kootenai County Republican Central Committee chairman and head of the Idaho Freedom Foundation board of directors Brent Regan in his suit challenging the constitutionality of Proposition 2.

Lawerence Denney, who is being sued because as Secretary of State he is in charge of amending Idaho code to include Proposition 2, has until noon Dec. 24 to file his brief, and Regan has until 5 p.m. Jan. 9 to respond. The court will hold its hearing and listen to oral arguments at 9 a.m. Jan. 29.

Smith said in a news release that lawsuits are generally filed in lower courts and take months or years to work their way through the process.

“The fact that the Idaho Supreme Court agreed to accept the case and issued an expedited briefing and hearing schedule indicates that the Idaho Supreme Court believes that the case presents a substantial question regarding the constitutionality of Proposition 2 that the Court wants to address as soon as possible,” he said.

The lawsuit seeks to overturn the initiative voters passed in November to expand Medicaid to everyone making up to 138 percent of the poverty level.

Reporter Nathan Brown can be reached at 208-542-6757. Follow him on Twitter: @NateBrownNews.

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