Idaho Falls attorney Bryan Smith argues against the constitutionality of Proposition 2 before the Idaho Supreme Court on Tuesday, January 29, 2019 | Image Courtesy: Idaho Supreme Court

Listen to KID NewsRadio’s full interview with Bryan Smith

IDAHO FALLS, Idaho — Idaho’s Supreme Court heard oral arguments on Tuesday, January 29 both for and against implementing a voter passed initiative to expand Medicaid in the state.

Bryan Smith, local attorney, represented opponents of the initiative and argued Proposition 2 is unconstitutional under Idaho’s constitution. Smith also said the initiative puts the state in a tough position should the federal government decide to change how much of the bill it will support.

In previous versions of the initiative, Smith argued before the Idaho Supreme Court, voters had the assurance of a sunset clause to reverse the mandated expansion of Medicaid should the federal government fund less than 90 percent of the program.

Listen to the full oral arguments to the Idaho Supreme Court in the case of Regan v. Denney

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“When it comes to the funding, there was a specific provision, it was in the initiative petition initially,” Smith said during his arguments to the court. “That was removed, they took it out.”

Smith also argued the proposition, which passed with over 60 percent of the vote in the November general elections, delegates the responsibility of implementing and creating good laws away from legislators and into departments and branches without constitutional authority under Idaho’s laws.

“In this case, in the United States and in Idaho and other states, what’s happened is there’s been a larger and larger development of the regulatory body,” Bryan Smith told KID NewsRadio. “The courts have assisted, they’ve been complicit in that allowing legislators to shirk their duties, in other words, to delegate their authority away to regulators all in the name of rule making, not legislating.”

Such delegation of power, Smith told KID NewsRadio, creates an unofficial fourth branch of government.

“What we now have is, what I claim and I’ve said this for a long time, we have a defacto fourth branch of government called the regulatory branch and they cause us a lot of hurt, and we don’t even know who these people are.” Smith said.

Listen to Bryan Smith’s full interview with KID NewsRadio on Wednesday, January 30

KID Newsradio

Attorney Bryan Smith joins The Neal Larson Show to discuss Medicaid Expansion and arguments of unconstitutionality.