The Arkansas Supreme Court today struck down a trial court’s order that upheld a law prohibiting mask mandates in schools and other government agencies in the state.
Attorneys on both sides quickly disputed the other side’s interpretation of the ruling’s impact.
Today’s ruling, based on a technicality involving the timing of the now-vacated order, means Pulaski County Circuit Judge Tim Fox‘s preliminary injunction allowing the mandates remains in effect, said Tom Mars, the attorney who sued on behalf of two parents challenging the mask ban.
Attorney General Tim Griffin, a Republican representing the state, offered a contradictory view.
“As a result of today’s decision and the Arkansas Supreme Court’s prior decision on the Preliminary Injunction, once the Supreme Court mandate is issued, there will no longer be any injunctions, permanent or preliminary, in effect,” Griffin said.
To which, Mars countered: “The decision doesn’t affect the preliminary injunction and Act 1002 is still unenforceable. And it will be quite some time before the Supreme Court could revisit this case. No lawyer in Arkansas could dispute that. If Tim Griffin is calling that a ‘victory,’ someone should loan him a dictionary.”
In February 2022, the appeal of the preliminary order was dismissed, court records show.
In today’s ruling written by Associate Justice Robin Wynne, the Supreme Court said the trial court lacked jurisdiction to enter a final order while the Arkansas attorney general’s first appeal was pending. Joining Wynne in the decision was Special Justice Howard W. Brill. Associate Justice Rhonda Wood did not participate.
Governor Sarah Sanders issued a statement counting the ruling as a victory.
“The Arkansas Supreme Court’s decision today is a promising first step in upholding the rule of law,” Sanders said. “I promised that when I was elected, Arkansas would not have mask or COVID-19 vaccine mandates and we would not shut down churches and schools because we believe in personal freedom and responsibility. In Arkansas, government will never loom larger than liberty in our lives. Protecting Arkansans and defending their freedoms is my top priority.”
“I am pleased with today’s decision from the Arkansas Supreme Court,” Attorney General Tim Griffin said. “As a result of today’s decision and the Arkansas Supreme Court’s prior decision on the Preliminary Injunction, once the Supreme Court mandate is issued, there will no longer be any injunctions, permanent or preliminary, in effect. I remain committed to defending the constitutionality of the ban on mask mandates. This is an important victory.”
Mars stood firm in his view of the ruling’s impact. “The preliminary injunction prohibiting the enforcement of Act 1002 on constitutional grounds remains in full force and effect and will not be revisited for quite some time,” Mars said. “That should come as good news to all Arkansans who haven’t been deworming themselves and following medical advice from MTG [Marjorie Taylor Greene] and the MyPillow Guy.”
Mars further said: “To address the AG’s newly-invented position, if Judge Fox didn’t have jurisdiction to enter the final order – which is thus null and void per the Supreme Court decision issued today – how could the final order have superseded the preliminary injunction?”
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