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The filing stated, "In essence, Proposition 2 has delegated to the federal government for its future determination Idaho’s percentage of financial contribution and therefore Idaho’s share of the costs Idaho will be forced to pay for Medicaid expansion." In court arguments on January 29, 2019, Bryan Smith, an attorney for Idaho Freedom Foundation, said, "When they voted for that, they also understood that the government was going to pay 90 percent. The federal government can change that, and if they change that, then the people just voted for something that becomes different." Initiative sponsor and organizer Luke Mayville said "We view the lawsuit as a political stunt.
The ACA was designed to decrease the amount the federal government covers to 94 percent in 2018, 93 percent in 2019, and 90 percent in 2020 and subsequent years.
As of 2018 in Idaho, Medicaid coverage was available to pregnant women with incomes less than 138 percent of the federal poverty line and for parents with incomes less than 50 percent of the federal poverty line.
Chief Justice Roger Burdick, writing for the majority of justices in dismissing the lawsuit wrote, "If we were to accept Regan’s argument that any reference to a federal statute delegates lawmaking authority to the federal government, then many of Idaho’s statutes would be unconstitutional, and in fact, the option of any cooperative federal-state program would be curtailed." From 2010 through 2018, 97 initiated state statutes and two initiated ordinances in D. The states with the most total cases of legislative alterations of initiatives approved since 2010 were Maine—with four initiatives altered out of eight approved—and Colorado and Oregon—each with three initiatives altered out of five approved.
Among initiatives approved from 2010 through 2018, marijuana was the topic that drew the most legislative alterations, with eight initiatives.
Two committees registered to support Proposition 2: Idahoans for Healthcare and Reclaim Idaho.
The IFF has already lost the argument with the voters and now they’re almost certain to lose the argument with the courts." Assistant Chief Deputy Attorney General Brian Kane said, "There is simply no delegation to the federal government.
This petition [the lawsuit against Proposition 2] is without legal foundation because no cogent legal theory has been advanced, procedurally or substantively. The state of Idaho has consistently approached any change within Medicaid as requiring the state to opt in." On February 5, 2019, the Idaho Supreme Court ruled that Proposition 2 was legal. Of these 99 total initiatives from 2010 through 2018, 28 were repealed or amended as of April 2019.
Other topics addressed by legislatively altered initiatives included elections and campaigns, term limits, education, business regulation, law enforcement, minimum wage, taxes, and gambling.
The rate of legislative alteration was 13 percentage points higher for initiatives approved in 20 than initiatives approved from 2010 through 2015. Sebelius that the federal government could not withhold funds from states that refused to expand Medicaid.