An alliance of pro-public education organizations and individuals committed to defending Idahoans against unconstitutional overreach have announced a legal challenge to the law created by House Bill 93, which established a voucher subsidy for private education in Idaho.
The suit, filed yesterday (Wed) with the Idaho Supreme Court, asks for a Writ of Prohibition against the State of Idaho’s execution of the new law, which was adopted by the Idaho Legislature and signed by Gov. Brad Little in February of 2025. The suit names the Idaho Tax Commission, which was tasked by lawmakers with implementing the legislation. Hawley Troxell, a Boise-based law firm, represents the coalition in the suit.
Filed on behalf of nine petitioners, the suit’s argument rests on the words of the Idaho Constitution’s Article IX, Section 1, which mandates the Idaho Legislature “establish and maintain a general, uniform and thorough system of public free common schools.”
Daniel Mooney, president of the Committee to Protect and Preserve the Idaho Constitution, says “Interpreting those 14 words will be the task of our Supreme Court.” He added that “Courts in other states when confronted with similar voucher programs and similar constitutional wording have found such programs invalid.
The Moscow School District has also joined the legal challenge.
