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. 

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.

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.” 

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.

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

As the president of the Idaho Academy of Family Physicians, I’m compelled to address a pressing issue that impacts the health and safety of mothers in our state: the urgent need for a health exception to Idaho’s abortion bans. 

Idaho law bans abortion with limited medical exceptions and places significant constraints on routine obstetric care. The law doesn’t consider the risks associated with pregnancy. While many pregnancies are uncomplicated, not all are routine. Conditions such as premature rupture of membranes, severe preeclampsia and placental abruption can unexpectedly endanger the life of the mother and baby. In these cases, timely medical intervention is critical. Left untreated these conditions lead to lifelong health problems for the mother, including the inability to have children. 

Idaho’s maternal mortality rate has been rising for years, more than doubling rates seen in other states and developed countries. According to the latest data, Idaho’s rate stands at 40.1 maternal deaths per 100,000 live births, a statistic that highlights the urgent need for better maternal healthcare policies. 

Four women challenge Idaho’s abortion ban in court

The landscape of obstetric services in Idaho has shifted dramatically, particularly in rural communities. Many Idaho counties have lost access to OB/GYN services, leaving vast areas without surgical care for emergencies. The consequences are severe: families face long journeys to receive care that may come too late. We need policies that prioritize the health and safety of mothers, rather than restricting options.

As a family physician that practices obstetrics, I’ve trained for years and delivered babies to families across the state. In a medical emergency, I rely on my medical training, experience and patient autonomy.  Politicians have no place in a room where a health care team is working to keep pregnancy safe for the mother. 

To address this issue, the organization I lead, the Idaho Academy of Family Physicians, joined patients and other doctors as plaintiffs in a legal challenge to Idaho’s abortion bans, Adkins v. State of Idaho, represented by the Center for Reproductive Rights. A two-week trial concluded last month, and a ruling is expected sometime next year. Through the case, we are asking for clear and workable medical exceptions that would allow physicians to use their best medical judgment and intervene to treat our patients as we were trained. We want medical exceptions that ensure the health and safety of pregnant patients always comes first. 

The need for a health exception in Idaho is a matter of urgency that impacts maternal health and safety. Enacting changes that prioritize the well-being of mothers fosters a health care environment that respects individual rights and prioritizes the health of Idaho families. Let us work together to create a future where every pregnant mother has access to the safe care she deserves.

TWIN FALLS, Idaho (KMVT/KSVT) — Technology is always changing, and that includes the field of agriculture.

“You always need to keep pushing forward and advancing in making sure we are able to be the most efficient we can in farming,” says vendor Jordan Mashos.

To help keep Idaho farmers up to date on the latest innovations, the College of Southern Idaho (CSI) hosted the “Precision Agriculture Showcase,” an event focused on using technology to enhance farming practices.

One of the companies attending, B-Hyve Ag, discussed the future of agriculture. Mashos recited, “We move towards the future like the old generation of farming by hand, manual labor, that kind of stuff, is kind of going away, we are getting to where we need to be efficient in our crop production”

The showcase wasn’t just for vendors from the Magic Valley. Students, like Katlyn Winters, also had the opportunity to present their research. “I think precision ag and having showcases like this is a great way to advocate, and teaching the general public that it is important, and we are coming up with solutions to do it better, so we can maximize our yield,” Winters said.

These advancements are crucial as farmers use less land to grow crops.

“The way we farmed four years ago is much different than today, we are more efficient. We farm on less acres and produce higher yields because of the precision agriculture, and better farming practices. Same for livestock raising, I think we raise better quality animals because of precision ag.”

Better technology is helping to put more food on everyone’s table.

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