Summer 2025 by Houston Downes |
Act 975 of 2025 grants the Arkansas Court of Appeals exclusive original jurisdiction over all facial challenges under the United States Constitution and Arkansas Constitution to acts passed by the General Assembly, provisions of the Arkansas Code, and administrative rules and regulations. This legislation has the potential to dramatically change the landscape of constitutional litigation in state court – if it stands. This change is set to take effect on November 1, 2025, which gives us time to consider three main questions. First, why the shift? Second, is Act 975 constitutional? And third, assuming this law will go into effect, what would that mean for a lawsuit with both a facial and an as-applied challenge?
The above is an excerpt from an article published in the Summer 2025 edition of The Arkansas Lawyer. You may click the link below to read the full article.
An associate at Quattlebaum, Grooms & Tull PLLC, J. Houston M. Downes concentrates his practice on business and complex commercial litigation.