Rutledge: President’s Travel Suspension Executive Order is LawfulThu, Aug 24, 2017
Files amicus brief with U.S. Supreme Court supporting the executive order
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has filed an amicus brief with the U.S. Supreme Court in support of the Trump administration’s temporary travel suspension, which was blocked by two lower courts before the Supreme Court allowed key elements of the executive order to go forward in June.
Rutledge filed a brief with the Court in early June, urging the justices to stay the injunctions and take the case.
“The Court must clarify that the President lawfully exercised his authority to temporarily suspend the entry of non-citizens into this country to keep Americans safe,” said Attorney General Rutledge. “The executive branch was given this authority by Congress, and it is unfortunate that activist judges in lower courts have tried improperly to limit the President’s power.”
Congress has specifically granted the President broad authority under 8 U.S. Code § 1182, which says, “whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Rutledge and her colleagues note that the injunctions from the lower courts are contrary to the law, writing, “These injunctions deny the federal government – under a statutory regime crafted by the people’s representatives in Congress – the latitude necessary to make national security, foreign affairs and immigration policy judgments inherent in this country’s nature as a sovereign. The Court should reverse.”
Arkansas is joined in the amicus brief by Alabama, Arizona, Florida, Kansas, Louisiana, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and West Virginia, along with Gov. Phil Bryant of Mississippi.
Rutledge Statement on Loss of Drew County Sheriff’s Deputy Timothy BradenThu, Aug 24, 2017
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today issued a statement on the loss of Drew County Sheriff’s Deputy Timothy Braden who died in the line of duty.
“Deputy Braden never backed down when faced with a dangerous situation to protect the citizens of Drew County,” said Attorney General Rutledge. “On behalf of the law enforcement community in our state – which has now lost four officers in the line of duty this year – I extend my thoughts and prayers to Deputy Braden’s young family, including his wife and four children, his dear friends and the people of Drew County. While today marks the end of watch for Deputy Braden, I know he will continue to watch over us all.”
Rutledge Co-Leads Brief to U.S. Supreme Court to Protect Free Speech and Religious ConscienceTue, Aug 22, 2017
Says, the court ‘must recognize that the actions of this florist in Washington are protected by the Constitution’
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has co-led a 14-state coalition in filing an amicus brief with the U.S. Supreme Court urging the court to grant review and protect the freedom of speech and religious conscience rights of citizens, specifically a Washington florist named Barronelle Stutzman.
“The U.S. Supreme Court must recognize that the actions of this florist in Washington are protected by the Constitution,” said Attorney General Rutledge. “It would be unlawful and cruel to compel someone to express ideas that violate their deeply held-religious beliefs even after working to refer the customer to another business.”
Rutledge led a coalition of states in support of Stutzman in the Washington State Supreme Court in September 2016.
Stutzman declined to create a floral arrangement for and oversee its placement at a same-sex wedding based on her religious beliefs. She was subsequently sued by the State of Washington under its discrimination law and unfair business practices act, despite referring the longtime customer to other florists. Stutzman has served this particular client for years, considered him a friend and remains willing to serve him in the future. She simply believes based on her religious beliefs that she could not participate in, and use her artistic talents to create a flower arrangement for, the same-sex marriage.
The Washington State Supreme Court maintained that flower arrangements are not speech and that her referral to other florists was irreverent. The 72-year-old grandmother, who is defending against this legal action, now faces fines and legal fees estimated at $2 million, which could put her out of business.
As the states note, “government having the ability to order individuals to speak in a manner that violates their conscience is fundamentally at odds with the freedom of expression and tolerance for a diversity of viewpoints that this nation has long enjoyed and promoted.
Rutledge is co-leading this brief along with Texas Attorney General Ken Paxton. They are joined in the brief by the attorneys general from Alabama, Arizona, Idaho, Louisiana, Nebraska, Nevada, Oklahoma, South Carolina, West Virginia, and Wisconsin, along with Governor Matthew Bevin of Kentucky and Maine Governor Paul LePage.
Rutledge Continues Effort to Fight Labor Department’s Persuader RuleFri, Aug 18, 2017
Nationwide injunction in place; DOL should fully rescind
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge is urging the U.S. Department of Labor (DOL) to rescind the Obama-era’s Persuader Advice Exemption Rule. The rule, which is enjoined nationwide because of a 10-state coalition’s lawsuit, led by Rutledge and Texas Attorney General Ken Paxton, would force disclosure of confidential information, communication and relationships between small businesses and their outside counsel in labor relations matters, has been found unlawful.
“The previous administration was posturing to its political base instead of protecting small businesses when it altered the Persuader Rule,” said Attorney General Rutledge. “This rule was about giving union-side attorneys an unfair advantage in litigation and nothing else. I am urging the department to follow the law, respect more than 50 years of legal precedent and fully rescind the Persuader Rule.”
The Obama administration’s reinterpretation of the Persuader Rule upended five decades of established federal labor policy and would have made it more difficult and expensive for small businesses to obtain legal advice. Rutledge’s lawsuit kept the Department from enforcing the new rule.
DOL’s proposal to rescind the Persuader Rule requires a 60-day public comment period before the Department can take final action. “Given that the Persuader Rule has the effect of regulating a traditionally state-regulated domain, and that Congress has made no such indication, the Department should rescind the rule,” the 17-state letter writes.
Led by the Texas Attorney General, Rutledge is joined on the letter by the Governors of Kentucky and Mississippi, as well as the attorneys general from Alabama, Arizona, Indiana, Kansas, Louisiana, Michigan, Missouri, Nevada, Oklahoma, South Carolina, Utah, West Virginia and Wisconsin.
Rutledge Calls on Congress to Amend Sex Trafficking LawThu, Aug 17, 2017
Says, ‘It is paramount that state and local law enforcement have the power they need to take down human and sex traffickers’
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge joined 49 of her colleagues in a bi-partisan letter urging Congress to amend the sex trafficking law and affirm that all law enforcement agencies retain their traditional authority to fight trafficking.
The attorneys general are asking that the Communications Decency Act (CDA) be amended to clarify that states, localities and territories retain authority to investigate and prosecute facilitators of child sex trafficking wherever they operate, including online.
“It is paramount that state and local law enforcement have the power they need to take down human and sex traffickers,” said Attorney General Rutledge. “Congress has many large and important issues to tackle, but this is a small change that will have an enormous impact on the safety and wellbeing of children across the country.”
The addition of just a few words to the CDA proposed in this letter will help to ensure that citizens and children are effectively protected throughout the entire country, in all courts. “Federal enforcement alone has proved insufficient to stem the growth in online promotion of child sex trafficking. Those on the front lines of the battle against the sexual exploitation of children – state and local law enforcement – must have clear authority to investigate and prosecute facilitators of these and other horrible crimes,” the attorneys general write.
The intention of the CDA is to protect children from indecent material online. It was never was intended to place facilitators of child sex trafficking outside the reach of law enforcement. However, according to the attorneys general, the CDA is being used as a shield by those who profit from prostitution and crimes against children. In some cases, courts have misinterpreted certain provisions of the CDA as providing immunity from prosecution to online classified ad sites, such as Backpage.com, that promote and profit from human trafficking.
Led by the Attorney General of Florida and the District of Columbia, Rutledge is joined on the letter by her colleagues from Alabama, Alaska, Arizona, California, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Rutledge Wins at 8th Circuit Allowing Termination of Planned Parenthood from Medicaid Program to ProceedWed, Aug 16, 2017
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today released a statement following the U.S. Court of Appeals for the 8th Circuit’s decision vacating preliminary injunctions a federal judge issued and allowing Arkansas's termination of Planned Parenthood from the Medicaid Program to proceed.
“The 8th Circuit rightfully agreed with me in my defense of Governor Asa Hutchinson’s decision to terminate the contract with Planned Parenthood after videos surfaced allegedly showing Planned Parenthood could be involved in selling aborted fetal body parts for profit,” said Attorney General Rutledge. “The Court found that Planned Parenthood and the three patients it recruited could not contest in federal court Arkansas’s determination that a medical provider has engaged in misconduct that merits disqualification from the Medicaid program. All patients should have access to ethical, quality and responsible health care, and should never be beholden to a company that is only seeking to protect its profits.”