The legal defense of House Bill 93 is taking shape after a series of court orders last week decided who can participate in a lawsuit challenging Idaho’s new private education tax credit .

The Idaho Legislature will defend the tax credit alongside the State Tax Commission. House Speaker Mike Moyle and Senate President Pro Tem Kelly Anthon hired private attorneys from Givens Pursley, a Boise law firm, to represent the Legislature. Attorney General Raúl Labrador’s office is representing the Tax Commission.

On Thursday, the Idaho Supreme Court granted the Legislature’s request to join the lawsuit and defend the program it enacted earlier this year. But the court denied a similar motion to intervene from two national groups that advocate for private school choice and represent Idaho famil

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