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Amicus Briefs

American Honda Motor Co. v. Walther

CASE SUMMARY

NCLA asked the Arkansas Supreme Court to stop judges in the state from giving “great deference” to the Department of Finance and Administration in a post-2009 Arkansas tax procedure case.

Granting “great deference” to an agency’s statutory interpretations violated both the state and federal Constitutions because it required judges to abandon both their duty of independent judgment in violation of Article 4 of the Arkansas Constitution and the requirements of the Arkansas Code of Judicial Conduct. Deference also violated the Due Process Clauses of the Arkansas Constitution and the Fourteenth Amendment of the U.S. Constitution by commanding that the judiciary display systematic bias in favor of agencies whenever they appeared as litigants.

NCLA commended the Court for reversing the decision below by declaring agency deference unconstitutional.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer

RELEVANT MATERIALS

NCLA FILINGS

Decision of the Arkansas Supreme Court

October 30, 2020 | Read More

Brief Amicus Curiae of the New Civil Liberties Alliance in Support of the Appellant

March 16, 2020 | Read More

PRESS RELEASES

Arkansas Supreme Court Agrees with NCLA Amicus Brief and Abandons Deference to State Agencies

November 4, 2020 | Read More

NCLA Amicus Urges Ark. Supreme Court to Abandon “Great Deference” to State Agencies

March 16, 2020 | Read More

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