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Idaho Supreme Court upholds grocery tax veto

Idaho Supreme Court upholds grocery tax veto

(Otto Kitsinger, AP Photo, File)

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BOISE, Idaho (AP) — The Idaho Supreme Court has upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.

Earlier this year, 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.

However, Otter countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk.

According to the 4-1 ruling, the justices overruled the court's previous decision — a rare move inside the judicial system — because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. However, that part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case.

Otter's spokesman did not immediately return a request for comment.

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