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Arkansas Supreme Court Rules on Plant Board Case

On Thursday, May 6th, the Arkansas Supreme Court issued a ruling in the matter of a case questioning the constitutionality of the Arkansas State Plant Board. The plaintiffs in the case, a group of Arkansas farmers, claimed that the provision in the Arkansas Code establishing the membership composition of the Arkansas Plant Board was an unconstitutional delegation of legislative appointment power. The court sided with the plaintiffs and issued an order to the circuit court to remove the Plant Board seats deemed to be unconstitutional. The court specifically cited 9 seats on the board which the legislature had granted appointment powers to by allowing industry organizations to elect persons to serve without any official appointment from the legislature or the executive branch.

While a new Act approved in the General Assembly (Act 361) attempted to address this question by assigning appointment powers to the Governor with review and consent of the Senate, the ruling did not speak to the new Act, which goes into effect later this summer. The opinion and ruling issued by the Court may lead to future challenges related to various boards and commissions established in Arkansas code based on similar questions of constitutionality. The opinion of the court included the citations of court rulings in other states that took issue with the role of private industry in boards and commissions.

The circuit court is now tasked with removing the unconstitutionally appointed Board members.

More below:

https://www.arkansasonline.com/news/2021/may/07/state-justices-strike-9-plant-board-seats/?news-arkansas

https://armoneyandpolitics.com/state-plant-board-appointment-process-unconstitutional-arkansas-supreme-court-says/

Arkansas Supreme Court Ruling