Idaho

Idaho AG asks U.S. Supreme Court to hear state’s gender care coverage ban case • Idaho Capital Sun

Published

1 year ago

December 13, 2024

Idaho AG asks U.S. Supreme Court to hear state’s gender care coverage ban case • Idaho Capital Sun

Idaho Attorney General Raúl Labrador has asked the U.S. Supreme Court to hear a lawsuit challenging the state’s law banning public funds from covering gender-affirming health care.

The new law took effect in July, banning Idaho Medicaid and public funds from covering gender-affirming medication and surgeries.

Transgender and nonbinary Idahoans on Medicaid who sued in 2022 — alleging Idaho Medicaid has an unwritten policy of denying or delaying gender-affirming care coverage — this year amended their lawsuit to seek to block the new law.

Labrador asked the Supreme Court to review if refusing coverage for sex-reassignment surgeries violates the U.S. Constitution’s Equal Protection Clause.

The U.S. Supreme Court building in Washington, D.C. (Ariana Figueroa/States Newsroom)

Labrador filed his request for U.S. Supreme Court review, formally called a petition for writ of certiorari, on Dec. 5. That was a day after the nation’s highest court heard oral arguments in a case challenging Tennessee’s ban on gender-affirming care for minors, called United States v. Skrmetti.

Petitions for writ of certiorari are a process to appeal lower court decisions directly to the U.S. Supreme Court.

The court hardly approves such requests; each term, the court hears oral arguments in about 80 among the 7,000-8,000 petitions filed, SCOTUSblog reports. Approval requires votes by four of the nine justices.

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What Labrador’s cert petition requests

Labrador’s request asked the court to hold his petition until the Tennessee case is decided since “this question will likely be answered by Skrmetti.”

The request then asks the court to remand Idaho’s case to the U.S. 9th Circuit Court of Appeals to reconsider its decision in September denying Idaho officials “qualified immunity.”

Idaho Inauguration — Idaho Attorney General Raúl Labrador is sworn in on the steps of the State Capitol building on January 6, 2023. (Otto Kitsinger for Idaho Capital Sun)

The suit from Tennessee already before the Supreme Court deals with “substantively identical issues” to Idaho’s, Idaho Office of the Attorney General spokesperson Dan Estes told the Idaho Capital Sun in a statement.

“Multiple circuit courts have ruled over the last two years that states can regulate sex reassignment treatments without violating the Constitution,” Estes said in a statement. “We hope the Supreme Court will agree and issue a ruling confirming the constitutionality of Idaho’s alleged policy of not covering sex reassignment surgeries under Medicaid.”

In July, federal judge Raymond E. Patricco, chief magistrate judge in the District of Idaho, issued a temporary restraining order that had blocked Idaho’s new law only for the seven suing patients in the lawsuit, but the order expired.

On Nov. 22, Patricco heard oral arguments on whether to grant a preliminary injunction, a broader, longer-lasting legal block against the law. He has not yet issued his ruling.

What Idaho’s law does

The bill creating the new law — House Bill 668 — was approved by all but one Idaho Republican state legislator this spring before Gov. Brad Little signed it into law.

Bill sponsors argued the bill ensures that taxpayer dollars are not inappropriately used. Opponents said major medical groups say gender-affirming care is medically necessary and safe, and warned that the law could lead to a lawsuit.

According to the law, public funds cannot cover hormone therapy, puberty blockers or surgical procedures for the purpose “to affirm the individual’s perception” of their sex. But the law outlines other coverage of the procedures still legally allowed.

In response to the new law, Health West, the go-to gender-affirming care clinic in eastern Idaho, stopped providing gender-affirming care. The move appeared to be driven by fears of losing funding, the Idaho Capital Sun reported.

How much does gender-affirming care cost Idaho taxpayers? Health agency hasn’t said.

It isn’t clear how many Idaho Medicaid patients receive gender-affirming care. The Idaho Department of Health and Welfare has declined to answer questions about gender care coverage and costs, citing the litigation — but has said the agency hasn’t covered “any surgeries for gender dysphoria for adults or youth.”

Around 350,000 Idahoans are on Medicaid, which largely covers low-income and disabled people. Gender nonconforming people are at higher risk for being in a lower socio-economic status, a study in February found.

Less than 1% of Idaho’s population is transgender — or about 7,000 Idaho adults and 1,000 Idahoans age 13 and up, according to estimates from the University of California-Los Angeles.

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Cert petition Labrador MH v. Adams 12-5-24

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Idaho

‘Unrelenting’: Statehouse reporters recap 2026 legislative session in Idaho Falls – East Idaho News

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4 hours ago

April 19, 2026

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‘Unrelenting’: Statehouse reporters recap 2026 legislative session in Idaho Falls – East Idaho News

IDAHO FALLS — Two prominent Idaho Statehouse reporters say this past legislative session was “unrelenting,” chaotic, largely driven by budget cuts, and they see the Legislature getting more powerful.

Kevin Richert and Clark Corbin recapped this past legislative session at a forum on the ISU Idaho Falls Campus on Thursday.

Richert is a senior reporter at Idaho Education News, with more than 30 years of experience covering education policy and politics. Corbin is a senior reporter at the Idaho Capital Sun who has covered every Idaho legislative session, gavel to gavel, since 2011.

The event was hosted by the City Club of Idaho Falls, which “exists to sponsor and promote civil dialogue and discourse on all matters of public interest” and strives to be “nonpartisan and nonsectarian,” according to its website.

Budget cuts

Both Richert and Corbin said this session was driven by budget cuts. Corbin said this was due to a lack of revenue stemming from past income tax and the adoption of new federal tax cuts.

“Cuts for almost every state agency and state department dominated the legislative session,” Corbin said. “We’re talking about 4% budget cuts for most state agencies and departments in the current fiscal year, and we’re talking about an additional 5% budget cuts for almost all state agencies and departments starting next year — fiscal year ’27 — and continuing permanently.”

RELATED | Gov. Little signs so-called ‘crappy bill’ to cut state budget

Richert said he thought higher education was taking the brunt of budget cuts. “It’s not a question of whether tuition fees are going to go up at the universities; it’s a question of how much,” he said.

When asked what the future would hold, Corbin said the budget cuts aren’t likely to go away, and their effects will be felt over time.

“There could always be a change of leadership in the House, but they do expect the budget crunch to continue in the next year’s legislative session,” Corbin said.

‘Radiator capping’

Richert said he has one word to describe this year’s legislative session: “unrelenting.”

One thing that made it feel that way was that some bills were recycled over and over, he said. For example, Richert said the Legislature saw five different versions of a bill that proposed cuts to the Idaho Digital Learning Alliance.

“We had multiple bills that came from the dead,” he said.

The journalists said this is partly due to a tactic called “radiator capping.” The term means to replace the entire car — the bill’s text, in political terms — while only keeping the radiator cap: the bill number. By rewriting a bill on the House or Senate floor while maintaining its number, failed bills can effectively bypass the committee process.

“Those are the changes they tried to make on immigration bills, on union bills this year,” Corbin said. “It made it extremely difficult for the public to have any idea what was going on, to have any opportunity to participate in the legislative process and share their opinions.

A more powerful, more chaotic Legislature

Richert said Idaho’s annual legislative sessions are trending longer, commonly going into the early part of April, and producing a record number of bills.

“There are rumblings that this Legislature, as a body, is wanting to expand its reach over more and have even more power over the other branches of government to the point of — are we trending towards more of a full-time professional legislature?” Richert said. “We’re a long way from there.”

“The legislative branch of government, particularly the Idaho House of Representatives, is the most powerful I’ve seen it in 16 years of covering state government,” Corbin said.

He added that this year’s legislative session was unlike any he’s experienced.

“The overall temperature in the building was bad,” Corbin said. “It was divisive. It was chaotic. People were not hiding their feelings of disgust for each other. These traditional ideas of decorum and respect very much fell by the wayside.”

Richert said Gov. Brad Little vetoed very few bills that came across his desk, and the ones he did weren’t high-profile.

RELATED | Idaho Gov. Brad Little issues 5 vetoes. Here are the bills affected

“I think the governor behaved like he was very concerned about the supermajority-controlled Legislature, and I think that that Legislature, in turn, asserted itself and took control of the agenda this year,” Corbin said.

Are legislators representing Idaho?

Corbin said some bills this year also focused on the LGBTQ+ community, such as a bathroom restriction for transgender individuals, and a bill that banned the City of Boise from waving a Pride flag.

RELATED | Idaho governor signs bill to criminalize trans people using bathrooms that align with their identity

RELATED | Boise removes LGBTQ+ pride flag as Idaho governor signs bill to fine city for its display

When asked if these were what Idahoans wanted, Corbin said it doesn’t necessarily appear so to him, based on his review of Boise State University’s annual public policy survey.

“For years and years, I’ve heard concerns about affordability of housing, access to housing, managing the growth of the state of Idaho, having quality public schools available for our young people — that also generates a workforce pipeline for some of our businesses,” Corbin said. “I’ve heard about paying for wildfires. I’ve heard about having good roads, supporting access to public lands, public recreation, those are the concerns I hear from Idahoans.”

“But the Legislature spent a significant amount of time over the last two, three, four years placing additional restrictions on LGBTQ communities, placing restrictions on what teachers can and cannot teach in their classrooms, what school boards can and cannot do,” Corbin continued. “They talked about requiring a moment of silence every day to begin the public school day, where children could pray or read the Bible.”

RELATED | Gov. Brad Little signs public school ‘moment of silence’ bill into law

Corbin said it may be his own opinion, but perhaps it is easier to “make a bunch of noise about what’s going wrong and (distract) people with social issues” rather than focus on harder issues that Idaho faces.

“I think what you saw on the policy space is a reflection of the fact that you had legislators thinking about reelection, and legislators with time on their hands — and that’s not always a good combination,” Richert said.

Accountability

When asked how people can keep legislators accountable, Corbin said it can be done by following the state Legislature through trusted news sources, going to community events and voting.

“This is a great year to practice accountability, because all 105 state legislators and all statewide elected officials are up for election this year,” he said.