Proposition 2 arguments heard by Supreme Court

I attended the Supreme Court oral arguments today in Regan V. Denney, the challenge to the constitutionality of Proposition 2 -Idaho’s Medicaid expansion initiative. The Idaho Freedom Foundation argued that Proposition 2 cedes the State’s authority to the Federal government, primarily because Medicaid is tied to Federal Poverty Levels that are set by the Federal government and the 90/10 match rate could be changed by the federal government at some point in the future.

The State argued that the Freedom Foundation really didn’t have standing to bring this case before the Supreme Court, but the Justices seemed to want to move past that argument and get to a point where they could rule on the merits of this case. An attorney for the Idaho Medical Association also argued against the ceding of authority by highlighting the fact that the State currently has all types of federal-state programs and cooperative agreements, including our existing Medicaid program, none of which are considered to cede legislative authority to the federal government.

Both sides were asked thoughtful questions by the Court to bring greater clarity to the technical aspects of Medicaid and the implementation of the voter approved initiative.

The court recognizes that thousands of Idahoans are waiting for some determination in this case, and the legislature is also looking for some guidance from the court. They took today’s oral arguments under advisement, but it seemed like they would make their decisions and issue a ruling in fairly short order.

Photo of Brian Whitlock, President / CEO, Idaho Hospital Association, Boise, Idaho
Brian Whitlock, President/CEO
January 29, 2019