Idaho AG Labrador wants lawmakers to override Gov. Little’s veto of ‘medical freedom’ bill

Sarah Cutler, Idaho Statesman

BOISE (Idaho Statesman) — Idaho Attorney General Raúl Labrador in a statement Monday urged lawmakers to override Gov. Brad Little’s veto of a bill that expanded the state’s “medical freedom” law by banning vaccine mandates, calling it “the defining bill of this session.”

It was the first time, at least in recent years, that the attorney general has pushed lawmakers to counter a governor’s executive action on a bill, which Little said would jeopardize schools’ and day cares’ ability to keep children safe by preventing them from taking actions to prevent contagious diseases. It was Little’s first veto of a bill this legislative session.

RELATED | Gov. Little boasts ‘medical freedom’ in Idaho, vetoes bill to ban vaccine mandates

Labrador “doesn’t generally weigh in on legislative issues,” and had never pushed for a veto override, spokesperson Dan Estes told the Idaho Statesman by email. “But this is something that he feels very strongly about.”

The bill, Senate Bill 1023, would have expanded on a law that prohibits businesses from requiring COVID-19 vaccines. The bill would ban businesses, schools and preschools from requiring any medical intervention, including all types of injections and actions “taken to diagnose, prevent or cure a disease.”

“I urged the House and Senate to override the governor’s veto of Senate Bill 1023 and protect the rights of Idahoans,” Labrador said in the statement.

Both chambers would need to vote on the bill again and receive two-thirds support to override a veto. The Senate approved the bill with less support than that — a 19-14 vote.

“I don’t know if the Senate has the votes to override that bill,” House Speaker Mike Moyle, R-Star, told the Statesman on Saturday.

In a Saturday letter explaining his decision to veto the bill, Little included a list of other bills he signed into law, including those this month that banned mask mandates and allowed health care professionals to refuse treatments that violated their personal beliefs, the Statesman previously reported.

“Calling Senate Bill 1023 ‘medical freedom’ is a total misnomer. Idaho already boasts the most medical freedom of any state in the union, and this bill works against parental choice,” Little said in an emailed statement. “Parents deserve to send their children to school or day care knowing they will be safe from contagious illnesses that disrupt families’ lives.”

Idaho Legislature ‘has the opportunity to do the right thing’

Under state law, Idaho’s attorney general is at times tasked with defending the state and executive branch, including the governor, in legal challenges. But Labrador previously told the Statesman that he considers himself the attorney for “the people of Idaho” and will favor the Legislature, “the voice of the people,” when the Legislature and executive branch butt heads.

Labrador campaigned in large part on the government response to the COVID-19 pandemic, when former Attorney General Lawrence Wasden defended Little’s emergency powers, the Statesman previously reported. Though Little never mandated masks, he ordered a government shutdown that drew controversy; he lifted the order shortly after a month.

“I ran for attorney general because our state failed to protect our citizens from government overreach,” Labrador said in Monday’s news release. “The Legislature now has the opportunity to do the right thing.”

Labrador, a former U.S. representative, ran for governor and lost to Little in the 2018 GOP primary. The two have also clashed in other fights at the Legislature, including a lawsuit over the Legislature’s decision to back out of selling the Idaho Transportation Department’s headquarters.

Joan Varsek, a spokesperson for Little’s office, did not immediately reply to a request for comment.