USA v. Junction City School District et al

Filing 5

ORDER Certifying Constitutional Question. Signed by Honorable Susan O. Hickey on June 15, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
UNITED STATES OF AMERICA
v.

PLAINTIFFS
Case No. 1:66-cv-1095

JUNCTION CITY SCHOOL DISTRICT NO. 75,
ET AL.

DEFENDANTS

ORDER
The Court hereby gives notice to the Arkansas Attorney General that a constitutional
question has been raised in the above captioned case. The Court deems the constitutional question
to be substantial and, pursuant to Fed. R. Civ. P. 5.1(b) and 28 U.S.C. § 2403, hereby certifies the
following question:
Whether the Arkansas Public School Choice Act of 2015, as amended by Act 1066
of the Regular Session of 2017, which authorizes the Arkansas Department of
Education to determine whether or not a school district has a conflict with
participating in school choice, violates the United States Constitution.
The Clerk of Court is hereby directed to serve this Order by certified mail on the Arkansas Attorney
General for consideration pursuant to 28 U.S.C. § 2403. The Clerk of Court is further directed to
serve this Order by certified mail to the following: Jonathan Newton, U.S. Department of Justice,
Civil Rights Division Educational Opportunities Section, 601 D Street, NW Patrick Henry
Building, Rm. 4116 ,Washington, DC 20004; and John W. Walker, John W. Walker, P.A., 1723
Broadway, Little Rock, Arkansas 72206.
IT IS SO ORDERED, this 15th day of June, 2018.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge