Arkansas State Plant Board and Terry Walker

Summary

The separate opinion agrees that the appeal concerning the April 2018 cutoff date for in-crop dicamba applications is moot. It disagrees with the majority's conclusion that sovereign immunity does not bar the remaining request for declaratory and injunctive relief, reasoning that the controlling precedent states that the State may never be sued. Justice Baker distinguishes the majority's relied-upon authority because that decision reviewed only the facial validity of legislation and did not address state conduct or the merits of injunctive relief.