Arkansas Senate Bill SJR9

Arkansas 2025 Regular Session

• Introduced: 2/3/25
• Refer: 2/3/25
• Failed: 5/5/25

Caption

A Constitutional Amendment Permitting The State Of Arkansas To Be Sued As A Defendant In State Court To Enforce Constitutional Rights Or As Otherwise Provided By Law.

Impact

If SJR9 passes, it would significantly alter the legal landscape regarding the accountability of state government actions. Currently, the sovereign immunity doctrine protects states from being sued without their consent. This amendment would provide a legal pathway for lawsuits specifically aimed at upholding constitutional rights, marking a shift towards increased governmental accountability. Should this amendment be adopted, individuals might have enhanced ability to challenge state actions and seek redress in court for violations of rights as established under the state constitution.

Summary

SJR9 is a proposed constitutional amendment aimed at allowing the State of Arkansas to be sued as a defendant in state court. The focus of this amendment is to reinforce the enforcement of constitutional rights for residents of Arkansas. By potentially enabling individuals to bring lawsuits against the state, the amendment seeks to create a mechanism for citizens to hold their government accountable in cases where their constitutional rights are perceived to be violated. This could include a range of issues involving civil liberties and state actions that impact individual freedoms.

Contention

There may be notable points of contention surrounding SJR9, particularly relating to the balance between state sovereignty and individual rights. Supporters of the amendment argue that it is a necessary step to enhance legal recourse for citizens whose rights are infringed by state action. On the other hand, there could be concerns about the implications of such lawsuits leading to a flood of litigation against the state, potentially impacting the state's resources and its ability to govern effectively. Opponents might articulate fears over the ramifications of eroding state immunity and how that could affect governance and state operations.