On June 9th, Arkansas Circuit Court Judge Chip Welch issued a written order in regards to a lawsuit filed against the State Plant Board challenging the constitutionality of the section of the law establishing the composition of the board. The order concluded that certain board positions where appointments made by the Governor from a limited pool of nominees is deemed unconstitutional as an unconstitutional delegation of public power to private interests, in which the order cited articles 2, 4, and 5, of the State Constitution. The order noted that the decision was governed by a 2021 decision by the State Supreme Court related to the previous statute governing the State Plant Board. The order also declared those seats to be vacant as did the 2021 decision by the State Supreme Court.
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