Baptist Health Sys. v. Rutledge (Majority, with Dissenting)
Annotate this CasePlaintiffs, three Arkansas corporations that operate private hospitals in the state, filed a complaint for declaratory judgment seeking a judgment declaring the Arkansas Peer Review Fairness Act unconstitutional. The circuit court ruled that the Act is not unconstitutional. Defendants - the Attorney General, the Arkansas Department of Health, and Nathaniel Smith - appealed, arguing that there was no actual, present controversy in this case because there was no present danger or dilemma. The Supreme Court reversed, holding that this was not a proper declaratory judgment action because the necessary element of a justiciable controversy was lacking in this case.
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