Our voices have been heard! There will be an appeal. Asa has retained his own counsel, as he will take the plaintiff’s side in favor of forced masking. The legislature properly passed a law to ban forced masking, and it must be upheld by the Arkansas Supreme Court.
1.) From AG’s office:
Arkansas Attorney General Leslie Rutledge released a statement following her decision to appeal Judge Tim Fox’s decision blocking Act 1002, the state law barring public entities from mandating face masks.
“I will appeal the decision of Judge Fox which blocked Act 1002 from going into effect,” said Attorney General Leslie Rutledge. “For nearly seven years, I have always exercised my constitutional duty to represent the State of Arkansas and will continue to wholeheartedly defend state laws to protect Arkansans of all ages.”
Last Friday, Pulaski County Circuit Court Judge Tim Fox temporarily blocked Act 1002. That Act passed by the General Assembly and signed by Governor Hutchinson bars local governments from mandating face masks.
2.) From legislature:
Arkansas Senate Pro Tempore Jimmy Hickey and Arkansas House Speaker Matthew Shepherd released the following statement Friday afternoon regarding McClane, et al v. State of Arkansas, et al :“Today we jointly retained the law firm of Dover Dixon Horne, PLLC to represent us in our official capacities as the leaders of the Arkansas General Assembly in the pending litigation. We have conferred with the Attorney General and her staff as we evaluated how best to proceed. We appreciate their representation of us to this point. However, given the number of parties and the potential for multiple conflicts, we believe our interests in this case are best served through retaining separate counsel. While we understand there are many different opinions as to the specific legislation at issue, the important role of the legislative branch must be preserved among our three, separate but equal, branches of government.”
3.) From Governor’s office:
“The Attorney General has always done an outstanding job in representing my office and the state of Arkansas, but it is her duty as the attorney for the state to defend Act 1002,” Governor Asa Hutchinson said. “I have expressed the view that Act 1002 should have been amended and questions need to be raised as to the constitutionality of the law. Generally speaking, I support the decision of Judge Fox, and my position creates an unavoidable conflict; for that reason I have asked David R. Matthews of Matthews, Campbell, Rhoads, McClure & Thompson, P.A. to represent me.
“David Matthews has a special expertise in school law, and I have confidence that he will represent me effectively in the current litigation.”
You’ve always said that Assa stays one step ahead. Do you think this is another one of those times? Do you think Leslie is on the up and up, or that this is something the two of them cooked up? I just don’t know what to think anymore.
I think Asa is always a step ahead. The legislature knows that Leslie doesn’t have the legal firepower to fight the corrupt Asa / Romero regime. Since Leslie hasn’t made a true public statement, I suspect that she will not mount a vigorous defense. I’m just glad she agreed to appeal; that at least gives our elected legislature a chance. This is a slam dunk at the SC, if handled properly.
We’ll see how hard Rutledge pushes on this. I’m thinking this has already been planned out and the local school boards are going to take the heat.
Our Legislators passed this in the House and Senate. Although A$A now “regrets his decision” according to himself, he signed it.
I believe he is trying to look good for the companies that finance him. As someone pointed out above, someone will take the fall.
Circuit judge Tim Fox’s ruling is flawed IMHO. Act 1002 clearly states that it does not apply to a private business. Since a private school is a “private business” that is exempt from ACT 1002, and a public school is not, the equal protection clause does NOT apply in this case. This is a case of a judge using his position as a judge to manipulate a law to suit some individuals IMHO.
Would it be possible to remove judge fox through the Judicial Discipline & Disability Commission? He has shown time and time again that he cannot be impartial.
Then it would just go to Griffen, who is equally incompetent. The Supreme Court appeal is a near slam dunk. There will also be additional lawsuits filed around the state that could negate Fox’s ruling. The first was filed today in Benton County.
Is there an update on this? Do we know when the appeal will be heard?
We do not, but it generally takes months.