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80 Arkansas opinions name it 3 courts 1983–2025 5 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Eady v. Lansfordgreen2 sentences2023Eady v. Lansford, 351 Ark. 249 , 92 S.W.3d 57 (2002). 2023Eady v. Lansford, 351 Ark. 249 , 92 S.W.3d 57 (2002). | 3 | 16 |
Massachusetts Board of Retirement v. Murgiagreen2 sentences2024Equal-protection analysis requires that we assess the State action under strict scrutiny, intermediate scrutiny, or the rational-basis test. 20 We use strict scrutiny if the classification interferes with the exercise of a fundamental right. 21 The Second Amendment states that “the right of the people to keep and bear Arms, shall not be infringed.” 22 The right to bear arms is fundamental. 23 In New York State Rifle & Pistol Association v. Bruen, the Supreme Court explained that cases that Congress defunded 18 U.S.C. § 925 (c) in 1992. 19 Ark. Code Ann. § 5-73-103 (b)(2)–(3), (d)–(e) (setting 1997Consequently, I agree with the majority that an equal protection analysis of the subject statute requires application of the rational-basis test, Massachusetts Board of Retirement v. Murgia, 427 U.S. 307 (1976), and that this legislation is entitled to a presumption of constitutionality. | 3 | 6 |
Whorton v. Dixongreen2 sentences2020Id.; see also Whorton v. Dixon, 363 Ark. 330 , 214 S.W.3d 225 (2005); Rose v. Ark. 2006Under the rational basis test, the party challenging the constitutionality of the statute must prove that the statute is not rationally related to “achieving any legitimate governmental objective under any reasonably conceivable fact situation.” See id. | 3 | 5 |
Streight v. Raglandgreen2 sentences2008However, under the rational basis test, Benton County still had to overcome the presumption that the act is constitutional by proving that “the act is not rationally related to achieving any legitimate objective of state government under any reasonably conceivable state of facts.” City of Siloam Springs, 350 Ark. at 158 , 85 S.W.3d at 507 (quoting Streight, supra, 280 Ark. at 214 , 655 S.W.2d at 464 ). 2008However, under the rational basis test, Benton County still had to overcome the presumption that the act is constitutional by proving that “the act is not rationally related to achieving any legitimate objective of state government under any reasonably conceivable state of facts.” City of Siloam Springs, 350 Ark. at 158 , 85 S.W.3d at 507 (quoting Streight, supra, 280 Ark. at 214 , 655 S.W.2d at 464 ). | 2 | 17 |
Archer v. Sigma Tau Gamma Alpha Epsilon, Inc.green2 sentences2015Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 2010 Ark. 8, at 12 , 362 S.W.3d 303, 309-10 . 2015Archer v. Sigma Tau Gamma Alpha Epsilon, Inc., 2010 Ark. 8, at 12 , 362 S.W.3d 303, 309-10 . | 2 | 3 |
Kadrmas v. Dickinson Public Schoolsgreen2 sentences1999See Kadrmas v. Dickinson Public Schools, 487 U.S. 450 (1988). 1996See Kadrmas, 487 U.S. 450 ; McClelland, 294 Ark. 292 . | 2 | 2 |
Bakalekos v. Furlowgreen2 sentences2024Bakalekos v. Furlow, 2011 Ark. 505, at 12 , 410 S.W.3d 564, 573 . 2024Bakalekos v. Furlow, 2011 Ark. 505, at 12 , 410 S.W.3d 564, 573 . | 1 | 3 |
Talbert v. Stategreen2 sentences2024Under the rational-basis test, the party challenging the constitutionality of the statute must prove that the statute is not rationally related to “achieving any legitimate governmental 16 objective under any reasonably conceivable fact situation.” Talbert v. State, 367 Ark. 262, 270 , 239 S.W.3d 504, 511 (2006). 2024Under the rational-basis test, the party challenging the constitutionality of the statute must prove that the statute is not rationally related to “achieving any legitimate governmental 16 objective under any reasonably conceivable fact situation.” Talbert v. State, 367 Ark. 262, 270 , 239 S.W.3d 504, 511 (2006). | 1 | 3 |
Bakalekos v. Furlowgreen2 sentences2024Bakalekos v. Furlow, 2011 Ark. 505, at 12 , 410 S.W.3d 564, 573 . 2024Bakalekos v. Furlow, 2011 Ark. 505, at 12 , 410 S.W.3d 564, 573 . | 1 | 3 |
Medlock v. Leathersgreen2 sentences1996Cf. Medlock v. Leathers, 311 Ark. 175 , 842 S.W.2d 428 (1992), reh. denied, 1993; Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits); City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). 1996Cf. Medlock v. Leathers, 311 Ark. 175 , 842 S.W.2d 428 (1992), reh. denied, 1993; Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits); City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). | 1 | 3 |
Hall v. Tuckergreen2 sentences2005As the court noted in Hall v. Tucker, 336 Ark. 112 , 118 , 983 S.W.2d 432 (1999): The rational-basis standard presumes the rationality of the statute, which when applied to social and economic legislation can only be overcome by a clear showing of arbitrariness. 2005As the court noted in Hall v. Tucker, 336 Ark. 112 , 118 , 983 S.W.2d 432 (1999): The rational-basis standard presumes the rationality of the statute, which when applied to social and economic legislation can only be overcome by a clear showing of arbitrariness. | 1 | 2 |
Arkansas Hospital Ass'n v. Arkansas State Board of Pharmacygreen2 sentences1999Ass’n. v. Arkansas State Bd. of Pharmacy, 297 Ark. 454 , 763 S.W2d 73 (1989). 1999Ass’n. v. Arkansas State Bd. of Pharmacy, 297 Ark. 454 , 763 S.W2d 73 (1989). | 1 | 2 |
New York State Rifle & Pistol Assn., Inc. v. Bruengreen1 sentence2024But the State contends Sagely no longer has a fundamental Second Amendment right after his involuntary commitment and the court should only apply the rational basis test. 25 Under Bruen, the burden shifts to the State to show that the statute is consistent with a clear national historical tradition of firearm regulation dating back to the ratification of the Second Amendment. 26 To prevail, the State would have to show a clear national historical 24 New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 2, 24 (2022). 25 Although there is no Second Amendment claim, we must analyze the | 1 | 1 |
United States v. Virginiagreen1 sentence2024Equal-protection analysis requires that we assess the State action under strict scrutiny, intermediate scrutiny, or the rational-basis test. 20 We use strict scrutiny if the classification interferes with the exercise of a fundamental right. 21 The Second Amendment states that “the right of the people to keep and bear Arms, shall not be infringed.” 22 The right to bear arms is fundamental. 23 In New York State Rifle & Pistol Association v. Bruen, the Supreme Court explained that cases that Congress defunded 18 U.S.C. § 925 (c) in 1992. 19 Ark. Code Ann. § 5-73-103 (b)(2)–(3), (d)–(e) (setting | 1 | 1 |
District of Columbia v. Hellergreen1 sentence2024Equal-protection analysis requires that we assess the State action under strict scrutiny, intermediate scrutiny, or the rational-basis test. 20 We use strict scrutiny if the classification interferes with the exercise of a fundamental right. 21 The Second Amendment states that “the right of the people to keep and bear Arms, shall not be infringed.” 22 The right to bear arms is fundamental. 23 In New York State Rifle & Pistol Association v. Bruen, the Supreme Court explained that cases that Congress defunded 18 U.S.C. § 925 (c) in 1992. 19 Ark. Code Ann. § 5-73-103 (b)(2)–(3), (d)–(e) (setting | 1 | 1 |
McDonald v. City of Chicagogreen1 sentence2024Equal-protection analysis requires that we assess the State action under strict scrutiny, intermediate scrutiny, or the rational-basis test. 20 We use strict scrutiny if the classification interferes with the exercise of a fundamental right. 21 The Second Amendment states that “the right of the people to keep and bear Arms, shall not be infringed.” 22 The right to bear arms is fundamental. 23 In New York State Rifle & Pistol Association v. Bruen, the Supreme Court explained that cases that Congress defunded 18 U.S.C. § 925 (c) in 1992. 19 Ark. Code Ann. § 5-73-103 (b)(2)–(3), (d)–(e) (setting | 1 | 1 |
Sims v. Stategreen2 sentences2017See Sims, 2015 Ark. 363, at 11 , 472 S.W.3d at 116 . 2017See Sims, 2015 Ark. 363, at 11 , 472 S.W.3d at 116 . | 1 | 1 |
| Rose v. Arkansas State Plant Boardgreen | 1 | 1 |
| Arnold v. Stategreen | 1 | 1 |
| Rainey v. Stategreen | 1 | 1 |
| Johnson v. Sunray Services, Inc.green | 1 | 1 |
| O'HARTIGAN v. Department of Personnelgreen | 1 | 1 |
| Board of Trustees of Municipal Judges & Clerks Fund v. Beardgreen | 1 | 1 |
| U-Drive-Em Corporation v. Wisemangreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Cleburne v. Cleburne Living Center, Inc.
red
2 sentences2007Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985). 2006Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985). | 5 | 2004–2007 |
Ester v. National Home Centers, Inc.
green
2 sentences2006Eady v. Lansford, 351 Ark. 249 , 92 S.W.3d 57 (2002); Ester v. National Home Ctrs., Inc., 335 Ark. 356 , 981 S.W.2d 91 (1998); Reed v. Glover, 319 Ark. 16 , 889 S.W.2d 729 (1994); Fayetteville Sch. 2006Eady v. Lansford, 351 Ark. 249 , 92 S.W.3d 57 (2002); Ester v. National Home Ctrs., Inc., 335 Ark. 356 , 981 S.W.2d 91 (1998); Reed v. Glover, 319 Ark. 16 , 889 S.W.2d 729 (1994); Fayetteville Sch. | 5 | 2003–2006 |
Reed v. Glover
green
2 sentences2006Eady v. Lansford, 351 Ark. 249 , 92 S.W.3d 57 (2002); Ester v. National Home Ctrs., Inc., 335 Ark. 356 , 981 S.W.2d 91 (1998); Reed v. Glover, 319 Ark. 16 , 889 S.W.2d 729 (1994); Fayetteville Sch. 2006Eady v. Lansford, 351 Ark. 249 , 92 S.W.3d 57 (2002); Ester v. National Home Ctrs., Inc., 335 Ark. 356 , 981 S.W.2d 91 (1998); Reed v. Glover, 319 Ark. 16 , 889 S.W.2d 729 (1994); Fayetteville Sch. | 5 | 2003–2006 |
City of Piggott v. Woodard
green
2 sentences1996Cf. Medlock v. Leathers, 311 Ark. 175 , 842 S.W.2d 428 (1992), reh. denied, 1993; Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits); City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). 1996Cf. Medlock v. Leathers, 311 Ark. 175 , 842 S.W.2d 428 (1992), reh. denied, 1993; Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits); City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). | 3 | 1995–1996 |
Adams v. Arthur
green
2 sentences1999Mr. Skelton correctly cites the rational basis test for an equal protection challenge to a statute, as established in Adams v. Arthur, 333 Ark. 53 , 969 S.W.2d 598 (1998) and Arkansas Hosp. 1999Mr. Skelton correctly cites the rational basis test for an equal protection challenge to a statute, as established in Adams v. Arthur, 333 Ark. 53 , 969 S.W.2d 598 (1998) and Arkansas Hosp. | 2 | 1999–2012 |
Hall v. Board of Trustees
neutral
2 sentences1995Retirement Sys., 671 F.2d 269 (8th Cir. 1982), cert. denied, 459 U.S. 822 (1982); cf. Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits), and City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). 1995Retirement Sys., 671 F.2d 269 (8th Cir. 1982), cert. den., 459 U.S. 822 (1982); cf. Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits), and City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). | 2 | 1995–1995 |
Gerber v. Disciplinary Board of the Supreme Court of Pennsylvania
neutral
2 sentences1995Retirement Sys., 671 F.2d 269 (8th Cir. 1982), cert. denied, 459 U.S. 822 (1982); cf. Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits), and City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). 1995Retirement Sys., 671 F.2d 269 (8th Cir. 1982), cert. den., 459 U.S. 822 (1982); cf. Streight v. Ragland, 280 Ark. 206 , 655 S.W.2d 459 (1983) (applying the rational basis test to a statute creating a tax exemption that directly affected the real value of retirement benefits), and City of Piggott v. Woodard, 261 Ark. 406 , 549 S.W.2d 278 (1977) (applying the rational basis test to statutes having the effect of granting greater benefits at retirement to police officers than to other municipal employees). | 2 | 1995–1995 |
Pollard v. State
green
1 sentence2025Id. at 10, 336 S.W.3d at 871 . | 1 | 2025–2025 |
Brown v. State
green
1 sentence2020Id. | 1 | 2020–2020 |
McLane Southern, Inc. v. Davis
green
2 sentences2019McLane S., Inc. v. Davis , 366 Ark. 164 , 167, 233 S.W.3d 674 , 677 (2006). 2019McLane S., Inc. v. Davis , 366 Ark. 164 , 167, 233 S.W.3d 674 , 677 (2006). | 1 | 2019–2019 |
Jegley v. Picado
green
2 sentences2019Brennan contends that Arkansas law requires that "legislation must bear a real or substantial relationship to the protection of public health, safety and welfare, in order that personal rights and property rights not be subjected to arbitrary or oppressive, rather than reasonable invasion." Brennan likens this case to Jegley v. Picado , 349 Ark. 600 , 80 S.W.3d 332 (2002), in which our supreme court struck down the sodomy statute as unconstitutional and held that by burdening certain sexual conduct between members of same sex, the statute infringed on the fundamental right to privacy guarantee 2019Brennan contends that Arkansas law requires that "legislation must bear a real or substantial relationship to the protection of public health, safety and welfare, in order that personal rights and property rights not be subjected to arbitrary or oppressive, rather than reasonable invasion." Brennan likens this case to Jegley v. Picado , 349 Ark. 600 , 80 S.W.3d 332 (2002), in which our supreme court struck down the sodomy statute as unconstitutional and held that by burdening certain sexual conduct between members of same sex, the statute infringed on the fundamental right to privacy guarantee | 1 | 2019–2019 |
Landers v. Stone
green
1 sentence2016Applying the rational-basis test and recognizing that physical ability 11 Cite as 2016 Ark. 272 generally declines with age, the Court concluded that the state had a legitimate interest in seeking to protect the public by assuring the physical preparedness of its uniformed police officers. | 1 | 2016–2016 |
Mathis v. State
green
1 sentence2015Mathis v. State, 2014 Ark. 148 , 2014 WL 1344427 (per curiam); Davis v. State, 2011 Ark. 433 , 2011 WL 4840644 (per curiam). | 1 | 2015–2015 |
| Leach v. State green | 1 | 2015–2015 |
| Desclos v. Southern New Hampshire Medical Center green | 1 | 2014–2014 |
| Davidson v. Riley green | 1 | 2014–2014 |
| Latiolais v. Whitley green | 1 | 2014–2014 |
| Davis v. Parham green | 1 | 2012–2012 |
| LaFont v. Mixon green | 1 | 2011–2011 |
| Marek v. Chesny green | 1 | 2010–2010 |
| City of Siloam Springs v. Benton County green | 1 | 2008–2008 |
| Jech v. Burch green | 1 | 2006–2006 |
| O'BRIEN v. Tilson green | 1 | 2006–2006 |
| Simpson v. Fuller neutral | 1 | 2005–2005 |
| Fayetteville School District No. 1 v. Arkansas State Board of Education green | 1 | 2005–2005 |
| Associated Enterprises, Inc. v. Toltec Watershed Improvement District green | 1 | 2003–2003 |
| Salyer Land Co. v. Tulare Lake Basin Water Storage District green | 1 | 2003–2003 |
| Turner v. Fouche green | 1 | 2003–2003 |
| Chappelle v. Greater Baton Rouge Airport District green | 1 | 2003–2003 |
| Ball v. James green | 1 | 2003–2003 |
| Quinn v. Millsap green | 1 | 2003–2003 |
| Owen v. Dalton green | 1 | 2002–2002 |
| Mullins v. State green | 1 | 1999–1999 |
| Carmichael v. State green | 1 | 1999–1999 |
| Goldman & Co. v. City of North Little Rock neutral | 1 | 1998–1998 |
| Piggott State Bank v. State Banking Board green | 1 | 1998–1998 |
| Vickers v. State green | 1 | 1997–1997 |
| Hamilton v. Hamilton green | 1 | 1996–1996 |
| McClelland v. Paris Public Schools green | 1 | 1996–1996 |
| United States v. Rodney Sinclair green | 1 | 1995–1995 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.