Arkansas
U.S. judge delays ruling on Arkansas' motion to dismiss LEARNS Act lawsuit • Arkansas Advocate
A federal judge on Friday postponed a final decision on most of Arkansas’ motion to dismiss a lawsuit over the “indoctrination” portion of the governor’s education overhaul law.
In a 60-page order issued shortly before 5 p.m., Judge Lee Rudofsky of the U.S. District Court for the Eastern District of Arkansas in Little Rock said he was holding most of the state’s dismissal motion “in abeyance.”
But he granted the part of the motion involving the plaintiffs’ claims that Section 16 of the LEARNS Act on its face violates the equal protection clause of the 14th Amendment. He directed the plaintiffs and defendants to submit additional briefs on whether Section 16 as it is applied is discriminatory.
Little Rock Central High School parents, students and teachers filed the lawsuit in March against Gov. Sarah Huckabee Sanders and Education Secretary Jacob Oliva.
One of the plaintiffs, Ruthie Walls, teaches AP African American Studies, a course 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. The state education department abruptly removed a pilot version of the AP course from its list of approved courses days before the start of the 2023-2024 school year last August.
Attorneys for the state and plaintiffs argued their case regarding the motion to dismiss in an October hearing that ended without a ruling from the judge.
Walls said after October’s hearing that, while the course is now fully accredited and students are earning AP credit for completion, she struggles to provide students with detailed explanations of the “fast and rich” curriculum because she isn’t sure what falls under the state’s definition of Critical Race Theory, one of the subjects included in the anti-indoctrination provision.
Rudofsky issued a narrowly tailored preliminary injunction in May preventing the state from enforcing the provision of the LEARNS Act that proscribes what can be taught in certain courses regarding race, gender and sexuality. The state appealed that injunction to the 8th U.S. Circuit Court of Appeals, which has decided it wants to hear oral arguments. A hearing date has not been set.
Under the preliminary injunction Rudofsky granted in May, Arkansas teachers can discuss Critical Race Theory, but they may be disciplined for “[compelling a] student to adopt, affirm, or profess a belief in a theory, ideology or idea (including Critical Race Theory) that conflicts with the principle of equal protection under the law.”
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Reasons for delaying
Rudofsky’s rationale in holding off on ruling on most of the state’s motion to dismiss involves waiting for the appeals court to resolve what he describes as unsettled legal questions regarding the free speech rights of teachers and students in a classroom setting.
Much of his Friday order deals with whether the plaintiffs made compelling arguments for their claims that the LEARNS Act’s anti-indoctrination provision on its face violates the equal protection clause and affects African Americans disproportionately.
“If discussing the idea and history of Critical Race Theory is allowed — and only compelling a student to believe in Critical Race Theory is prohibited — the Court struggles to understand how anyone is adversely impacted,” Rudofsky wrote in one part of his analysis.
The judge cites differing interpretations of the 14th Amendment’s anti-discrimination provisions in his reasoning on granting that part of the state’s motion to dismiss.
“Many Americans of good faith strongly believe that the answers to the racial problems we face as a country lie in governmental and societal color-blindness,” he wrote.
Treating people differently based on race is morally and often constitutionally abhorrent to such Americans, he says, and they believe suggesting that racism affects every part of society “makes racial problems worse, not better.”
Other Americans of good faith, however, “strongly believe otherwise,” he wrote.
“To these Americans,” he says, “the answers to our racial problems lie, at least partially, in recognizing that race often matters, that certain groups (including African Americans) have long been discriminated against by both government and private society, and that active measures are necessary to rectify past injustices and present inequality.”
These citizens see treating people differently based on race as “often morally and constitutionally acceptable or even obligatory,” Rudofsky wrote. And they see an emphasis “on racial identity, systemic racism and unconscious bias” as necessary to dealing with the historic effects of racism, he added.
“These Americans see color-blindness as a pretense that reinforces racial inequality by refusing to confront systemic racism and unconscious bias. They believe there is a ‘legal and practical difference between the use of race-conscious’ measures to harm (or exclude) disfavored groups and the use of such measures to help (or include) them,” the judge wrote.
In adopting the LEARNS Act, “a majority of elected lawmakers seem to hold the colorblind view,” he wrote. The plaintiffs seem to contend that applying the colorblind view to legislation “is tantamount to discriminatory intent or purpose.”
“It is not,” Rudofsky wrote. “Plaintiffs may not like the colorblind view. Plaintiffs may think that those who hold this view are wrong or ignorant or even naïve. But that’s a world away from intentional discrimination.”
The facts presented by the plaintiffs don’t allow him to reasonably infer that “discriminatory intent or purpose was a motivating factor in the enactment of the LEARNS Act’s anti-indoctrination provision,” he wrote in dismissing the plaintiffs’ facial equal protection claims.
Friday’s order gives defendants until Jan. 31 to file additional briefs on their motion to dismiss limited to the plaintiffs’ Equal Protection claims regarding the anti-indoctrination provision as it has been applied. Plaintiffs’ briefs on the issue are due Feb. 28, and the defendants’ reply brief on March 14.
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FAYETTEVILL – In a thrilling contest that featured 5.1 impressive innings in the circle from sophomore Payton Burnham and a go-ahead two-run home run from Tianna Bell, the No. 6/8 Arkansas Razorbacks defeated No. 1 Oklahoma, 3-2, on Saturday night at Love’s Field to even the series and set up a winner-take-all series finale on Sunday.
Win the win, Arkansas recorded its third victory in program history over a consensus No. 1-ranked opponent, having previously defeated UCLA (Feb. 18, 2011) and Cal (May 19, 2012).
It also marked the Razorbacks’ third win in program history over a No. 1 opponent in the ESPN/USA Softball Poll and the fifth over a top-ranked team in the NFCA Coaches Poll.
Arkansas (36-7, 11-6 SEC) took a 1-0 lead in the top of the second inning courtesy of an RBI double down the right-field line from Kennedy Miller. The Sooners then tied the game, 1-1, in the bottom of the fifth inning, with a solo home run from Sydney Emerling.
Tianna Bell put the Hogs ahead for good by blasting a two-run homer into the left-center field bleachers in the top of the fifth inning. Oklahoma’s Kendall Wells accounted for the final run of the contest with a solo shot to left field, bringing the score to 3-2.
The Razorbacks’ pitching staff did not allow a walk in the win. Payton Burnham was phenomenal in the circle during her 10th victory of the season, striking out three while allowing two runs on four hits in 5.1 innings of work.
Robyn Herron earned her fourth save of the season by retiring the final five Oklahoma batters in the contest.
In addition to Bell’s two-run blast and Miller’s RBI double, Reagan Johnson and Kailey Wyckoff singled in the victory.
Sydney Berzon fell to 5-2 on the season for Oklahoma (41-6, 14-3 SEC) after allowing two runs on two hits with one strikeout in her 4.2 innings pitched.
QUOTABLES
Arkansas Head Coach Courtney Deifel
On the victory…
“Any win right now is a big one for the program. It was really great in this environment just to see our team stay the course and trust themselves. It is a hostile environment that is very loud. They have a lot of energy. For our team to just lean into each other and find a way to get the win was big. Any win is really big, so it just feels really awesome.”
On Payton Burnham’s performance…
“She was in her element. She loves the big moment. She wants the ball, and she was locked in today. She was dialed, and I am really proud of her.”
HOW IT HAPPENED
Payton Burnham earned her 12th start of the season in the circle for Arkansas, while Oklahoma gave the ball to Miali Guachino.
In the top of the first inning, Guachino retired the Hogs in order courtesy of a pair of groundouts and a lineout. Burnham spun a 1-2-3 bottom of the first courtesy of a groundout, strikeout, and a groundout.
Kailey Wyckoff recorded the first hit of the contest with a two-out single up the middle in the top of the second inning. She would later come around to score a batter later on an RBI double down the right-field line from Kennedy Miller, giving the Hogs a 1-0 lead.
Cam Harrison followed Miller’s double with a walk, but OU would escape without further damage courtesy of OU right fielder Ella Parker taking an extra-base hit away from Karlie Davison with a catch at the wall in right field.
Burnham spun another scoreless frame in the home half of the second inning, highlighted by a 6-4 double play from shortstop Atalyia Rijo, who snagged a line drive and threw to Davison at second base to double off the Sooners’ Gabbie Garcia, who reached on a leadoff single.
Brinli Bain drew a one-out walk in the top of the third inning, prompting Oklahoma to make a pitching change and bring in LSU transfer Sydney Berzon.
Wyckoff made an incredible catch with a leaping grab at the wall in left field for the first out of the bottom of the third. She would then catch a pair of fly balls as Burnham completed a 1-2-3 frame.
Berzon retired the Hogs in order during the top of the fourth inning. Burnham recorded a 1-2-3 bottom of the fourth inning while picking up her second and third strikeouts of the night.
Reagan Johnson reached courtesy of a two-out infield single in the top of the fifth inning. Oklahoma first baseman Isabella Imerling tied the game with a leadoff solo home run to left-center field in the bottom of the fifth inning.
Following the home run, Reagan Johnson made a diving catch in right-center field to take away an extra-base hit from Pickering.
Ella McDowell was hit by a pitch to lead off the top of the sixth inning. Tianna Bell then gave Arkansas a 3-1 lead with a two-run shot into the left-center field bleachers, her 14th of the season, tying Dakota Kennedy for the team-lead.
Oklahoma made it a one-run ballgame with a one-out solo home run off the bat of freshman Kendall Wells. Following the home run, Robyn Herron entered the circle and would retire the next two batters faced by way of a strikeout and a lineout.
Berzon retired the Hogs in order in the top of the seventh inning. Herron trotted out to the circle looking to complete the save in the bottom of the seventh.
Herron fanned Imerling for the first out of the frame before issuing a lineout to Johnson in center field for the second out.
She then got Aliana Agbayani to ground out to Karlie Davison at second for the final out of the win as Arkansas evened the series and improved to 36-7 overall and 11-6 in SEC play.
NOTABLES
- Reagan Johnson registered her 205th start batting leadoff, which tied the career program record set by Devon Wallace, 205 (2012-2015).
- Payton Burnham improved to 10-3 this season after striking out three and allowing just two runs on four hits and no walks in 5.1 innings. Arkansas is now 22-6 when a starting pitcher goes 5+ innings without allowing a walk.
- Tianna Bell blasted her 46th career home run and 14th home run this season with a two-run shot in the top of the sixth inning. Bell is now tied for the team lead in home runs alongside Dakota Kennedy.
- Kyler Del Duca recorded her first collegiate start, batting eighth and playing left field.
- Arkansas had five different outfielders in the victory (Reagan Johnson CF, Kailey Wyckoff RF/LF, Ramsey Walker LF/RF, Kyler Del Duca LF, Brinli Bain RF)
- Kennedy Miller increased her career-high reached base streak to 11 games.
- Arkansas is 148-41 since 2001, when its pitching staff issues no walks in a game. The Razorbacks are 94-18 when issuing no walks under head coach Courtney Deifel (2016-present). Arkansas has won 21 of its last 22 when issuing zero walks dating back to April 6, 2023.
- Arkansas snapped Oklahoma’s 31-game home winning streak, which was the longest active winning streak in the nation entering the contest.
LITTLE ROCK, Ark. (KATV) — A big change is rolling in for one of central Arkansas’ most recognizable nonprofits serving the unhoused community.
Aaron Reddin is stepping down as executive director of The Van, effective immediately. The organization has been a critical presence in the region, providing food, water, clothing, hygiene supplies and emergency shelter for people in need, particularly in North Little Rock.
Reddin said he’s leaving day-to-day leadership because of ongoing personal health challenges. “I was diagnosed with CRPS in 22,” Reddin said, referring to complex regional pain syndrome, a condition that can cause severe, persistent pain. He said that “in early 24 I was in a accident that caused the spread of the disease into my upper body,” and that it has “greatly impacted my ability to be present.”
“I’m in weekly treatments and medications and things like that, that caused my absence,” Reddin said. “And you know, even though I may be slowed down, the organization is not and so that’s an unsustainable imbalance, and at some point it has to be acknowledged.”
While he’s stepping away from daily leadership, Reddin will remain involved with The Van as a board member.
Parker Reid has been selected to take over as executive director. Reid said he’s ready to get started and build on what’s already in place.
“I am most excited, I think, just to really hit the ground running,” Reid said. He said he and Reddin have talked about the organization’s infrastructure and what they want it to look like going forward, with a focus on “really just refining what we what we have going on already, and really expanding our volunteer involvement.”
Reddin reflected on how much the organization has grown during his time leading it. “We’ve grown,” he said. “You know, I’ve always thought that we’ve hit a plateau, and then there’s, it just keeps going.”
He also emphasized how The Van is funded. “We’re 99.9% private donor funded. We don’t touch your tax dollars,” Reddin said. “So this is all people helping people from from the bank account to the streets. It’s people powered.”
Asked about a proud moment, Reddin pointed to a recent opportunity to share The Van’s work with a much bigger audience. “I got the chance this past winter to talk about our work here in Little Rock on CNN International live,” he said, adding that the network gave him “like, 13 total minutes, two different days.”
Reddin said he valued being able to spotlight Little Rock as a community that looks out for its neighbors. He said he was able to show people that “we care about each other, we care about our neighbors, regardless of you know what those unconventional sleeping circumstances may look like at the time.”
The Van has also raised money to find and build a shelter for the unhoused, and Reddin said the organization’s emergency shelter work started even before the first van was in service. He said having a more permanent setup will be a major step forward, rather than moving supplies in and out during each weather event.
As Reid steps into the role, he said he’s mindful of what the organization means to Reddin and to the community. He hopes to “take care of of his baby,” he said, because “it means a lot to him, and it means a lot to me to have watched him, you know, grow it for as long as I’ve gotten to watch.”
FAYETTEVILLE, Ark. – No. 16 Arkansas (26-14, 9-8 SEC) fell behind early and was unable to catch up with No. 5 Georgia (31-9, 12-5 SEC) in its 5-3 setback Friday night at Baum-Walker Stadium. The Razorbacks and Bulldogs will play for the series at 1 p.m. Sunday, April 18, on SEC Network+ with Josh Haley (play-by-play) and Troy Eklund (analyst) on the call.
Entering tomorrow’s finale, Arkansas has won four consecutive weekend series against Georgia inside Baum-Walker Stadium (2010, 2012, 2017 & 2021). The Hogs have not lost a series to the Bulldogs at home since the 2008 campaign.
Cole Gibler, making his second career start on the mound, provided Arkansas with five innings of four-run ball and two strikeouts. Georgia tagged the left-hander for a solo homer in the top half of the second and scored a pair of two-out runs in the top half of the third before adding a fourth run on a double in the sixth inning to open a 4-0 advantage.
Arkansas responded to its deficit with Damian Ruiz’s two-run home run in the bottom of the sixth and cut the deficit to two, but Georgia tacked on its fifth and final run of the night on a solo shot in the seventh inning to take a 5-2 lead.
The Razorbacks scratched out a run in the bottom half of the seventh on a wild pitch to bring their deficit back to two. It was as close as they would get, however, as Georgia’s Caden Aoki, who took over in relief for injured starter Dylan Vigue (2.0 IP, 4 SO), turned in five innings of three-run ball (two earned) with five walks and four strikeouts on 105 pitches.
In relief of Gibler, Tate McGuire (2.2 IP,1 R, 2 SO) and Steele Eaves (1.1 IP, 1 SO) combined for four innings of one-run ball with three strikeouts. Offensively, Zack Stewart was the lone Hog with multiple hits, finishing 2-for-3 with a walk.
Ruiz, meanwhile, is now the Razorbacks’ leading hitter in SEC play after going 1-for-3 with a homer, two RBI, a walk and stolen base. Through 13 league games this season, he is slashing .304/.418/.565 with three home runs and eight RBI.
For complete coverage of Arkansas baseball, follow the Hogs on Twitter (@RazorbackBSB), Instagram (@RazorbackBSB) and Facebook (Arkansas Razorback Baseball).
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