The Idaho Supreme Court has issued an order limiting the issues to be addressed in the grocery tax repeal case, and ruling that the oral arguments in the case set for June 15 will be limited only to those outlined in the original petition challenging the validity of Gov. Butch Otter’s veto of the tax repeal measure. That means Gov. Butch Otter’s additional argument that the repeal bill itself was unconstitutional because its language didn’t originate in the House won’t be addressed.
“The issue raised by Governor Otter concerning the constitutionality of House Bill 67 is not ripe, unless and until it becomes law,” the court found, “and should not be addressed in any further briefing or during oral argument unless requested by the Court.”
After Otter raised the constitutionality issue, the entire Senate leadership, from both parties, filed a petition to intervene in the case solely on that issue. The Senate leaders said they wouldn’t address whether or not the governor’s veto was valid, but wanted to protect the Senate’s ability to amend House tax bills.
In the order, the court said it’s granted the Senate leadership’s petition to intervene – but only if the leaders want to “address the validity Gov. Otter’s veto of HB 67.”
You can read the court order here.