State v. McClane (Majority)
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The Supreme Court vacated the order of the circuit court declaring Act 1002 of 2021 to be unconstitutional and permanently enjoining its enforcement, holding that the circuit court did not have subject matter jurisdiction to enter the order.
The Act, codified at Ark. Code Ann. 20-7-144, prohibited state agencies, political subdivisions of the state, and local and state officials from mandating the use of face masks, face shields, or other face coverings. Two lawsuits were filed seeking to declare the Act unconstitutional and enjoin its enforcement. The circuit court consolidated the cases, enjoined enforcement of the Act, and preliminary declared the Act unconstitutional in violation of the separation of powers and equal protection clauses of the state Constitution. The Supreme Court vacated the order below, holding that the circuit court lacked jurisdiction to enter the final order because an interlocutory appeal was still pending.
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