Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Constitutional Law topic
No spam. Unsubscribe anytime.
SJR 6 would waive sovereign immunity for constitutional-rights claims, backers say
Summary
SJR 6 would eliminate sovereign immunity in constitutional-rights cases and let the legislature waive immunity for other claims, proponents argued the change would improve accountability and access to courts while opponents warned of increased litigation and fiscal exposure.
Little Rock — The committee heard lengthy testimony supporting SJR 6, a proposed constitutional amendment to limit sovereign immunity.
Senator Allen Clark and Professor Josh Silverstein explained SJR 6 would eliminate sovereign immunity for constitutional-rights claims and permit the legislature to waive immunity in other contexts. Silverstein told the committee sovereign immunity is a historical holdover from monarchies and argued its continued application denies citizens full access to courts: "Sovereign immunity makes it far harder for citizens to enforce their fundamental legal rights," he said.
Proponents said the amendment would allow suits against the state for constitutional violations rather than funneling claims through the claims commission and ultimately the legislature. Silverstein argued increased litigation is a feature because it vindicates rights and creates governmental accountability; opponents cautioned about potential litigation volume and fiscal consequences.
No committee vote was taken. Sponsors said they would answer additional questions about limits, fiscal impact and implementation during subsequent staff review.
