The Supreme Court affirmed the judgment of the circuit court granting Petitioners' request for a preliminary injunction and finding that the entirety of Ark. Code Ann. 7-9-601(b) is unconstitutional, holding that the circuit court did not abuse abuse its discretion in granting the preliminary injunction.
Petitioners filed a complaint arguing that section 7-9-601(b)'s requirements requiring sponsors of initiatives to obtain federal background checks from the Arkansas State Police are unconstitutional and should be enjoined. The circuit court granted Petitioners' request for a preliminary injunction, finding that the entirety of section 7-9-601(b) is unconstitutional and enjoining Respondents from applying its provisions. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in determining that Petitioners demonstrated a likelihood of success on the merits and that irreparable harm would result in the absence of an injunction. View "Thurston v. Safe Surgery Arkansas" on Justia Law
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