Opinion
CV-23-358
06-08-2023
Arkansas Department of Education; Jacob Olivia, in His Official Capacity as Arkansas Secretary of Education; Randy Henderson, in His Official Capacity as a Member of the Arkansas State Board of Education; Jeff Wood, in His Official Capacity as a Member of the Arkansas State Board of Education; Adrienne Woods, in Her Official Capacity as a Member of the Arkansas State Board of Education; Steve Sutton, in His Official Capacity as a Member of the Arkansas State Board of Education; O. Fitzgerald Hill, in His Official Capacity as a Member of the Arkansas State Board of Education; Oudia Newton, in Her Official Capacity as a Member of the Arkansas State Board of Education; Sarah Moore, in Her Official Capacity as a Member of the Arkansas State Board of Education; Kathy McFetridge, in Her Official Capacity as a Member of the Arkansas State Board of Education; Lisa Hunter, in Her Official Capacity as a Member of the Arkansas State Board of Education; Friendship Education Foundation; and Marvell-Elaine School District v. Doris Ivy Jackson; Laverne Sims; Jesselia Maples; Diamacious Sims; Darryl Harris; Sylvia Moore; Danielle Wright; DeraShaun McGhee; Vivian Davis; James Carruth; Iola Hoskins; Steven Grappe; Veronica McClane; and Citizens for Arkansas Public Education and Students (CAPES), a Ballot Question Committee
From Pulaski County Circuit Court, Fourth Division.
Appellants' emergency motion for stay and expedited consideration. Expedited consideration granted; motion for stay denied.
Wood, Womack, and Webb, JJ., would grant motion for stay.
Marvell-Elaine School District's request for expedited briefing granted.
Wood, Womack, and Webb, JJ., would deny.
Motion of amici curiae yes. every kid. foundation and Americans for Prosperity Foundation - Arkansas to file brief in support of appellants' motion for stay and expedited consideration granted. Tendered brief of amici curiae yes. every kid. foundation and Americans for Prosperity - Arkansas in support of appellants' motion for stay filed this date. Appellants' and appellees' simultaneous briefs due Tuesday, June 6, 2023, at 9:00am; simultaneous reply briefs due Wednesday, June 7, 2023, at 9:00am.
Wood, Womack, and Webb, JJ., would ask the parties to brief whether the case presents a nonjusticiable political question that violates separation of powers.
Womack and Webb, JJ., would ask the parties to brief whether sovereign immunity bars the lawsuit. (Proceedings of June 2, 2023)
Motion of amici curiae yes. every kid. foundation and Americans for Prosperity Foundation - Arkansas to file brief in support of appellants and for expedited consideration. Expedited consideration granted; motion to file amicus curiae brief granted. (Proceedings of June 7, 2023)
PER CURIAM ORDER