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Federal judge schedules hearing in Arkansas LEARNS lawsuit • Arkansas Advocate

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Federal judge schedules hearing in Arkansas LEARNS lawsuit • Arkansas Advocate


A federal judge on Wednesday a preliminary injunction hearing for April 30 in a case challenging the constitutionality of a portion of the LEARNS Act that bans “indoctrination” in public schools. 

Little Rock Central High School parents, students and a teacher involved in an AP African American Studies pilot course that received scrutiny for potentially violating the “indoctrination” ban, filed the lawsuit in late March against Gov. Sarah Huckabee Sanders and Education Secretary Jacob Oliva. 

In Wednesday’s order, U.S. District Judge Lee Rudofsky said he granted in part and denied in part the plaintiffs’ request for an “expedited briefing and consideration.” He denied part of the request because plaintiffs could have filed their complaint and preliminary injunction months ago, he wrote. 

“Defendants should not be short-changed on the two weeks provided by the Local Rules to develop their responsive arguments just because Plaintiffs chose not to file for those many months,” Rudofsky wrote. 

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Attorney General Tim Griffin argued in a motion filed on Tuesday that the plaintiffs’ request for expedited treatment should be denied because they put off filing the case and delayed seeking preliminary injunctive relief for more than a year.

The LEARNS Act was signed into law last March and went into effect immediately due to its emergency clause. The law, which was a priority for Sanders, makes several changes to the state’s education system, including increasing the state’s minimum teacher salary to $50,000 and creating a school voucher program.

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“Only three weeks ago did Plaintiffs finally file suit, but even then, they continued to sit idle,” Griffin said. “Indeed, far from immediately seeking emergency relief, they waited weeks to file a new complaint and then only made it around to filing their preliminary-injunction motion just before midnight on April 12. Plaintiffs’ actions undermine their second request that the Court ‘expedite briefing and consideration.’”

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Griffin said “because plaintiffs’ motion presents legal issues identical to those that would be resolved on a motion to dismiss,” the court should conserve resources by setting the defendants’ deadline for both responses no earlier than May 6. 

In Wednesday’s order, Rudofsky partly agreed with Griffin, saying “avoiding the inefficiency discussed above is good cause to extend the deadline” for the defendants’ responses until seven days after the court decides the preliminary injunction request. 

He gave Griffin until April 26 to respond to the preliminary injunction motion and plaintiffs until April 29 to respond. He set the preliminary injunction hearing for 3 p.m., April 30.

Background

On March 25, civil rights attorneys Mike Laux and Austin Porter Jr. filed the lawsuit in the U.S. District Court for the Eastern District of Arkansas on behalf of three Little Rock Central High students, their parents and AP African American Studies teacher Ruthie Walls.

The suit stems from an AP African American Studies course being piloted in six Arkansas schools, including Central High, that received scrutiny after Sanders signed an executive order banning “indoctrination” on her first day in office. Similar language was later incorporated into the LEARNS Act

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The state education department abruptly removed the advanced placement course from its list of approved courses days before the start of the 2023-2024 school year last August. Although students were allowed to continue taking the course, it would not count toward graduation credit. 

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According to a statement issued by the Laux Law Group, Section 16 of the LEARNS Act, which bans “indoctrination,” is “a brazen, political attempt to silence speech and expression” that the governor and education secretary disagree with.

“The LEARNS Act violates the First and Fourteenth Amendments to the U.S. Constitution,” the statement reads. “It is unworkably vague and oppressive, and it discriminates on the basis of race. Section 16 is just another front in the culture war being waged by right-wing ideologues.”

Plaintiffs filed a motion for preliminary injunction and a request for expedited briefing and consideration on April 12. 

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An amended complaint also filed on April 12 removed an unnamed parent and student as plaintiffs and added the Arkansas State Conference of the NAACP and high school debate teacher, Colton Gilbert. 

Members of the Arkansas State Board of Education were added as defendants, joining Sanders and Oliva. 

The amended complaint argues the portion of the law banning “indoctrination” should be void for vagueness, contains content and viewpoint-based discrimination and discriminates on the basis of race. 

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Arkansas

ROBERT STEINBUCH: DEI deja vu | Northwest Arkansas Democrat-Gazette

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ROBERT STEINBUCH: DEI deja vu | Northwest Arkansas Democrat-Gazette


Central Arkansas Library System formalized a four-month timeline two weeks ago to find its next executive director. During that meeting, Miguel Lopez, a banker and former chairman of the Arkansas Ethics Commission who is among the community members serving on the hiring committee, stepped up with the sad but predictable racialized script.

He’d like an emphasis on programming, he said. So far, so good. But then came the kicker: He wants a director who “either has a diverse background or diverse perspectives, and that can make anyone feel included.”

You know this autotuned siren song by now. DEI isn’t dead; it’s just rebranded, as if the United States Supreme Court, the Arkansas Legislature and governor, and basic common sense hadn’t already weighed in against it.

Note Lopez’s ask: diverse background or diverse perspectives. Of course, the former is the pigment and plumbing mandate that I’ve discussed here many times.

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What exactly is “diverse perspectives,” though? Is it someone who believes (i.e., knows) that affirmative action is unconstitutional? Someone who understands that biological sex is real? Someone who voted for Donald Trump?

Somehow, those perspectives never seem to count. That’s because the phrase isn’t a commitment to viewpoint diversity at all. It’s a coded assurance that the successful candidate will embrace the “right” (i.e., left) views–an unwavering adherence to the narrow ideological catechism of race-conscious policy preferences, biological-sex denial, and the full DEI lexicon of systemic grievance–even if the candidate, mon Dieu, doesn’t check the preferred demographic boxes himself. And the moment a candidate expresses support for merit-based hiring, he is no longer “diverse.” He is disqualified. Diversity, it turns out, is remarkably homogenous.

But at least Lopez comes to his outlook organically, having once served as the “Hispanic resource officer” at First Community Bank. Who came up with that title–Archie Bunker?

Lopez says he wants to make everyone feel included. Here’s a radical idea that actually works: include them by hiring the best person for the job without regard to race, sex, or other identity checkboxes. And treat patrons as individuals who come to the library for books, knowledge, programming, and quiet refuge–not as avatars of demographic grievance.

That’s not only good policy, it’s the law. Arkansas prohibits any governmental entity from “discriminat[ing] against, or grant[ing] preferential treatment to, an individual or group on the basis of race, sex, color, ethnicity, or national origin . . . .”

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Sadly, the left has spent decades using schools, media, politics, and captured institutions to indoctrinate the public into believing that “diversity” means something nobler than old-fashioned affirmative discrimination. It doesn’t. It functions as a linguistic loyalty oath. To be considered a candidate of a “diverse background” or possessing “inclusive values,” an individual must subscribe wholesale to a specific framework of systemic grievance and identity politics–where dissent is not viewed as a valid counterpoint, but an existential threat to the collective.

Forgive my return to this topic in this column after having had a brief respite, but Lopez’s comments demonstrate that euphemized discrimination resists eradication like a fungus, and efforts to conceal its nature are one of the great hypocrisies of modern times. Take, for example, those academics who insist that their replacement of the pre-Bakke admissions quotas with “holistic review” was anything beyond a transparent shell game.

Holistic review’s score sheet includes such, uh, measurable qualifications as “grit,” which rides along with “lived experience” as wonderfully pliable tools allowing admissions officers to engineer the same racial outcomes as quotas while pretending to evaluate character. The subjectivity isn’t a bug. It’s the feature that makes demographic tailoring possible. No surprise, then, that the outcomes of this alleged comprehensive evaluation method remarkably track the old quota system.

Consider, similarly, the inverted logic of those bemoaning the “implicit bias” of standardized exams painstakingly designed to be neutral. DEI ideologues deride that objectivity, because they won’t abide testing that doesn’t necessarily produce equal results across cohorts. So their solution is always the same: discard the test, massage the scores to create the à priori demanded outcomes, or declare objectivity itself suspect.

Even worse is the central paradox of the modern diversity apparatus: DEI directives champion a kaleidoscope of appearance, but the orthodoxy of thought is non-negotiable. DEI turns neutral public institutions into Red Guard re-education camps (forgive my mixing of communist thuggery for illustrative purposes).

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The library should be about literacy, access to ideas, and community enrichment–not an outpost for the latest equity workshop. Patrons don’t check the director’s demographic scorecard before checking out a book. They care whether the shelves are stocked, the programs are substantive, the budget is managed responsibly, and the doors open on time.

Merit doesn’t have a skin color or gender quota. The country has moved past this failed experiment. Corporations have abandoned it. Courts have struck it down. And states are legislating against it, as Arkansas already has. If public institutions like CALS don’t lead by example, they should at least stop lagging behind.

This is your right to know.


Robert Steinbuch, the Arkansas Bar Foundation Professor at the Bowen Law School, is a Fulbright Scholar and author of the treatise “The Arkansas Freedom of Information Act.” His views do not necessarily reflect those of his employer.

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Dino Fest brings interactive experiences, lifelike dinosaurs and reptiles to Arkansas July

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Dino Fest brings interactive experiences, lifelike dinosaurs and reptiles to Arkansas July


Set for Saturday, July 18, Dino Fest is bringing prehistoric fun to Arkansas with interactive experiences, lifelike dinosaurs, and even some real reptiles.

Jurassic J. and Connor Hesington stopped by to share what attendees can expect.



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Arkansas Storm Team Forecast: Very hot today; isolated showers/t’storms late

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Arkansas Storm Team Forecast:  Very hot today; isolated showers/t’storms late


Temperatures will climb to the upper 90s today and heat index values will get close to 105° this afternoon. There are heat advisories today for part of west and southwest Arkansas.

Today will bring a slight chance of showers or thunderstorms late in the day in Central Arkansas.

Friday will also bring a slight chance of showers and thunderstorms with very hot weather.

Rain chances increase and temperatures drop this weekend when a cold front moves through Arkansas.

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