Monsanto Company v. Arkansas State Plant Board Walter "bruce" Alford — Baker, J., Concurring in Part and Dissenting…

Summary

The separate opinion concurs that Monsanto's challenge to the 2016 and 2017 promulgations is moot but dissents from the conclusion that the suit is not barred by sovereign immunity. It would apply the court's broad statement that the State may never be sued and would not recognize an ultra vires exception in this case. The separate opinion distinguishes the authority relied on by the majority because that decision addressed the facial constitutionality of an enactment rather than State conduct or injunctive relief.