New filing in Medicaid lawsuit doubles down on constitutionality question

This update on the Medicaid Expansion lawsuit gives a view into what all has been questioned about the Medicaid Expansion that passed in November.

If you want to attend the Idaho Supreme Court hearing Regan vs. Denney on January 29, it is recommended you get tickets in advance. Email You are limited to 2 per person.

You can live-stream it here.

Idaho Reports in blog form

By Melissa Davlin, Idaho Reports

There is a new filing from Bryan Smith in the lawsuit on the constitutionality of Proposition 2. Read the reply brief to the state’s response here.

Smith, who represents plaintiff Brent Regan, says as written, the new statute that expands Medicaid gives authority to the federal government to change Idaho Code without the legislature’s input.

The gist of the argument: If the federal government changes the parameters of Medicaid, Idaho law could automatically — and, Smith argues, unconstitutionally — change without input from the legislature.

“The issue is not whether states may voluntarily choose to comply or not comply with
changes made by the federal government in Medicaid law,” Smith writes. “The issue is whether Idaho gets to voluntarily choose before or after the federal law already has become Idaho law.”

The Idaho Attorney General’s Office has called Regan’s lawsuit frivolous and without merit, saying…

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