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Attorney General Rutledge Joins Multistate Letter To President Biden
Thu, Jan 28, 2021LITTLE ROCK – Arkansas Attorney General Leslie Rutledge joined a six-state coalition writing a letter to President Biden acknowledging state attorneys general will be vigilant in watching for and opposing federal overreach, especially when such action puts jobs and civil liberties at risk. The letter encourages the newly sworn President to be mindful of the U.S. Constitution’s separation of powers and the authority of sovereign states relative to that of the federal government. Should the new administration govern in a manner inconsistent with those tenets, the attorneys general contend it will be their responsibility and duty to challenge the administration’s actions in court.
“As chief legal officers of our states, we must ensure states’ rights are protected and we are prepared to do so,” said Attorney General Rutledge. “We are ready to utilize all available means to combat any potential federal overreach that we see.”
The coalition’s letter, led by West Virginia Attorney General Patrick Morrisey, urges the new administration to respect individual constitutional rights, as well as limited federal power, limited presidential power and the need for keeping the administrative state in check.
The attorneys general note particular concern for the constitutionally guaranteed rights to religious liberty and to keep and bear arms. With regard to limited federal power, they contend the Constitution delegates a very limited sphere of influence to the federal government and leaves the remainder for states and their citizens to address.
While recognizing the executive branch has much power, the coalition writes the Constitution limits a president’s authority to bypass Congress. It also notes various federal laws require the president to constrain his executive agencies.
Arkansas joined the West Virginia-led letter with support from attorneys general in Indiana, Mississippi, Montana and Texas.
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Rutledge Announces Judgment against Asphalt Services Company that Targeted Seniors
Tue, Jan 26, 2021Says, ‘Targeting vulnerable Arkansans with aggressive, deceptive business practices will not be tolerated’
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge announced the judgment against a Texarkana-based asphalt service company for deceptive trade practices and targeting seniors. In January 2020, Rutledge filed a lawsuit against Robert Stevens, owner of Pro-Pave Asphalt, Robert Stevens Construction and RS Asphalt, for multiple violations of the Arkansas Deceptive Trade Practices Act (ADTPA) and Home Solicitation Sales Act (HSSA).
“Targeting vulnerable Arkansans with aggressive, deceptive business practices will not be tolerated and we will continue to act to protect Arkansas’s seniors and all consumers from bad actors,” said Attorney General Rutledge. “This Judgment holds Stevens financially accountable for his wrongdoings and sends a warning message to other fraudsters in Arkansas.”
The Pulaski County Circuit Court ordered Stevens to pay $200,000 in civil penalties for 20 violations of the ADTPA, an additional $40,000 in enhanced penalties for targeting seniors, $40,480 in restitution, and $282.50 for the State’s costs and fees. Additionally, the Court enjoined Stevens from engaging in any business related to asphalt or paving in Arkansas until all penalties, costs, and fees have been paid.
Between April 2016 and August 2019, the Office of the Arkansas Attorney General received eight consumer complaints. Each complaint had a common scheme: Stevens or his employees would pull up to consumers’ houses in an asphalt truck, claim to have some leftover asphalt to sell at a “deeply discounted price,” and provide vague, misleading, and incomplete estimates of the total cost. Stevens then immediately began laying asphalt while failing to ever inform the consumer of the three-day right to cancel as required by the HSSA. After the work was completed or neared completion, Stevens demanded an exorbitant and unexpected fee. He threatened or intimidated consumers until they paid the fee.
General Rutledge encourages all Arkansans to request written estimates of the total project price before any construction work begins.
For more tips to help avoid falling victim to bad actors, or to file a consumer-related claim with the Arkansas Attorney General’s Office, call (800) 482-8982, email consumer@arkansasag.gov or visit ArkansasAG.gov.
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Attorney General Rutledge Files Arkansas Works Brief with U.S. Supreme Court
Tue, Jan 19, 2021Says, ‘Arkansas’s community-engagement requirements will help build a better future for Arkansans’
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today filed her brief in Arkansas’s U.S. Supreme Court case concerning Arkansas Works and a companion case concerning New Hampshire’s similar program. The Supreme Court will hear oral arguments later in 2021. In this case, Rutledge seeks to defend Arkansas Works’ commonsense community-engagement requirements.
“I look forward to the U.S. Supreme Court hearing our case on why Arkansas’s community-engagement requirements will help build a better future for Arkansans," said Attorney General Rutledge. "Arkansas Works reaffirms Arkansas's commitment to improving the health of Arkansans and ensuring the Medicaid program is sustainable."
In 2018, the Trump administration granted a waiver allowing Arkansas to overhaul its eligibility requirements for Medicaid. Arkansas sought to add a requirement that able-bodied people without dependents had to either work or take part in educational or job-training programs for 80 hours a month to receive benefits. The Arkansas Works model is designed to encourage able-bodied Arkansans without dependents to transition into the workforce, while building stronger and more resilient connection with their communities.
In February 2020, the U.S. Court of Appeals for the District of Columbia Circuit upheld a lower court’s decision to vacate the Secretary of Health and Human Services’ approval of work requirements in Arkansas Works. Rutledge filed a petition for a writ of certiorari in July 2020 asking the U.S. Supreme Court to review and uphold the Arkansas Works Medicaid demonstration project. The Court granted certiorari in December 2020.
The cases are Arkansas v. Gresham, No. 20-38, and Azar v. Gresham, No. 20-37.