Citing sovereign immunity, Arkansas AG calls on court to dismiss LEARNS Act lawsuit
Arkansas Attorney General Tim Griffin is calling on the state Supreme Court to dismiss a case that seeks to delay the implementation of the LEARNS Act, the governor’s signature education law.
In a 47-page brief filed Tuesday, Griffin argued that because plaintiffs can’t show the state acted unlawfully, their claims are barred by sovereign immunity, a legal doctrine that prevents most lawsuits against the state.
Griffin also said the case presents a political question courts may not decide, and it should be dismissed because it violates separation of powers.
The Arkansas Supreme Court ordered the brief on Friday when justices denied Griffin’s motion to lift a temporary restraining order that blocks implementation of the LEARNS Act, while granting a motion for expedited consideration.
Justices ordered the parties to file simultaneous briefs by 9 a.m. Tuesday that address whether sovereign immunity doctrine bars the lawsuit and whether the case presents a “nonjusticiable political question that violates the separation of powers.”
https://arkansasadvocate.com/2023/06/06/citing-sovereign-immunity-arkansas-ag-calls-on-court-to-dismiss-learns-act-lawsuit/