Boise (670 KBOI News) – The Idaho Supreme Court will decide if the Proposition 2-mandated expansion of Medicaid will go into effect on January 1st of next year, if they have to scrap it and start all over again, or something in between.

Today, the Idaho Freedom Foundation made its case in Court that the voter-approved Proposition 2, which made Medicaid expansion the law, is unconstitutional.

Dustin Hurst with the IFF says the proposition, as it’s currently written, is illegal because it cedes legislative authority to the bureaucracy, like the Idaho Department of Health and Welfare.

“The initiative was poorly-written, by the progressive activists and agitators who wrote it, and it cedes way too much power to the state bureaucracy, and to DC bureaucrats,” said Hurst.

Tracy Olson, with Reclaim Idaho, the group behind Prop 2, says the Attorney General’s office argued the lawsuit could, and maybe should just be tossed out.

“The bottom line is, I don’t think they have a really strong case against the Medicaid expansion,” said Olson.  “The Freedom Foundation’s lawsuit was frivolous, and out hope is the Supreme Court will rule in favor of the people.”

Neither Hurst nor Olson said they knew when the Court will reach a decision, but time is short…the legislature has to have a plan to implement Prop 2 by roughly the middle of February.