Here’s a link to my full story at spokesman.com on today’s arguments before the Idaho Supreme Court on the “instant racing” bill, which passed the House and Senate overwhelmingly, and then was the target of a veto by Gov. Butch Otter, but the vetoed bill was delivered back to the Senate two days after the Idaho Constitution’s five-day limit. If the veto wasn’t valid, the bill became law on July 1 – and slot machine-like instant racing machines now operating at three Idaho locations are illegal. If it was valid, then the Senate’s subsequent failed override vote let the veto stand, and the machines are still legal.

The justices today appeared unconvinced by arguments that the court should stay out of the veto dispute to avoid violating the separation of powers, instead letting the Senate decide if the governor’s veto was valid or not. Said Justice Roger Burdick, “Obviously if they do something that was unconstitutional, we have the right to step in.”

Observers described today’s court session as more animated than usual, with four of the five justices actively asking hard-hitting questions and revealing that they’d extensively researched the issues.