Idaho court: Otter can’t question legality of grocery bill

The Idaho Supreme Court says Gov. C.L. “Butch” Otter won’t be allowed to dispute the constitutionality of a vetoed bill at the center of a high-profile lawsuit that has now more than 30 lawmakers involved in the case.

Otter had questioned the constitutionality of a bill repealing the state’s 6 percent sales tax on groceries because he argued it did not originate in the correct legislative chamber. Otter’s veto of HB67 sparked a lawsuit challenging how long a governor has to nix legislation, with Republican lawmakers asking justices to overturn a nearly 40-year-old court ruling.

On Monday, the justices ruled that while Otter’s constitutional concern “is not ripe” and should not appear in any future briefs or arguments.

The high court also decided to grant Senate leadership’s request to defend their legislative actions while passing HB 67.

Oral arguments for the case are scheduled for June 15.