Arkansans For Healthy Eyes v. Thurston (Majority, with Dissenting)
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The Supreme Court dismissed as moot Plaintiff's appeal from the judgment of the circuit court dismissing Plaintiff's complaint challenging a referendum petition preventing Act 579 of 2019 from becoming law, holding that because of the resolution of the petition for referendum in a separate case, this appeal was moot.
Act 579 permits optometrists to perform surgical procedures. Defendant, a ballot question committee, filed a statewide referendum petition preventing the Act from becoming law. Plaintiff, also a ballot question committee, was formed to defend the Act. Plaintiff filed a complaint asking the circuit court to enjoin the Secretary of State from counting the petition signatures because the petition did not comply with newly enacted Act 376. The circuit court dismissed the case for lack of subject matter jurisdiction and concluded that the case was barred by res judicata. Plaintiff appealed. The Supreme Court dismissed the appeal, holding that a decision decided today that the petition for referendum cannot be placed on the ballot mooted the issues here.
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