Supreme Court of Arkansas
The Board of Trustees of the University of Arkansas, Appellant v. Matthew Andrews, Appellee — Baker, J., Dissenting
January 18, 2018535 S.W.3d 616
Summary
Justice Baker dissented from the decision holding unconstitutional the legislative waiver of sovereign immunity in the Arkansas Minimum Wage Act. She would have upheld the waiver, concluding that the majority's interpretation of the constitutional bar on making the State a defendant was textually overbroad, inconsistent with other constitutional provisions, and contrary to longstanding precedent. The dissent also argued that the decision threatened numerous statutory and constitutional actions permitting suits against the State.