Judge issues temporary restraining order on LEARNS Act; AG appeals

by Roby Brock (roby@talkbusiness.net)

A Pulaski County judge issued a temporary restraining order late Friday (May 26) on the LEARNS Act, Gov. Sarah Sanders’ signature education bill, which is being litigated over whether or not the state legislature properly followed the Arkansas Constitution in voting on an emergency clause for the omnibus law.

The plaintiffs argue both chambers of the General Assembly did not hold separate votes on the bill and the emergency clause. They contend the state constitution calls for separate votes, citing Article 5, Section 1, which says the chambers “shall vote upon separate roll call” and “state the fact which constitutes such emergency.”

In issuing a temporary restraining order, Judge Herb Wright determined that the plaintiffs in the case have a chance to succeed on the merits of their claim (see notes from his ruling at the bottom of this story). His order is only extended through June 20, 2023, when a court hearing is scheduled.

https://talkbusiness.net/2023/05/judge-issues-temporary-restraining-order-on-learns-act-ag-appeals/