Abraham v. Beck (Majority)
Annotate this CaseWhen the Arkansas State Medical Board declined the application of Plaintiff, a breast oncology surgeon, for a permit to dispense legend drugs, Plaintiff sued, arguing that Act 515 of 1983, codified at Ark. Code Ann. 17-95-102, was unconstitutional. The circuit court granted Plaintiff’s motion for summary judgment, concluding that section 17-95-102(d) was unconstitutional. The General Assembly subsequently amended the statutory provision the circuit court had declared unconstitutional by passing Act 1169 of 2013. Plaintiff, on behalf of herself and other physicians similarly situated, and another individual filed a complaint alleging that Act 1169 was unconstitutional as special legislation, among other things. The circuit court granted summary judgment for the State. The Supreme Court affirmed, holding (1) res judicata was not applicable to this case; (2) Appellants’ argument that a statute that was declared unconstitutional and void cannot be amended was without merit; (3) Appellants failed to show that Act 1169 was impermissibly vague in all of its applications; (4) Appellants failed to establish that the Board was prevented from issuing permits upon approval as a mechanism for exercising its authority to carry out Act 1169; and (5) Act 1169 does not constitute unconstitutional special legislation.
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