Supreme Court of the United States · Official docket →
David Brennan v. White County, Arkansas
Paid petition · Court of Appeals of Arkansas, No. CV-18-638 · judgment March 6, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Is Arkansas' local option law, which social science research shows is ineffective at reducing alcohol consumption and actually increases DWI fatality rates, rationally related to the legitimate governmental purpose of controlling the ill effects of alcohol when viewed in light of a highlydeveloped highway system, the ubiquity of the automobile, and the affordability of gasoline?
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Has Arkansas' local option law acquired an unconstitutional irrationality under federal substantive due process standards by way of subsequent legislation allowing the serving of alcohol by the drink in an unlimited number of “private clubs,” including restaurants, in dry jurisdictions?
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Is Arkansas' local option law unconstitutional under federal substantive due process standards as a mere artifice for the unconstitutional imposition of the morality of local majorities on those whose conduct does not harm others?
Counsel of record
For petitioner
David Brennan
For respondent
Colin Robert Jorgensen
Association of Arkansas Counties
Proceedings
- Oct 15 2019Petition DENIED.
- Sep 25 2019DISTRIBUTED for Conference of 10/11/2019.
- Sep 11 2019Waiver of right of respondent White County, Arkansas to respond filed.
- Sep 05 2019Petition for a writ of certiorari filed. (Response due October 10, 2019)
- Aug 26 2019Application (19A225) granted by Justice Gorsuch extending the time to file until September 5, 2019.
- Aug 21 2019Application (19A225) to extend the time to file a petition for a writ of certiorari from August 21, 2019 to September 5, 2019, submitted to Justice Gorsuch.