No. 19-328

David Brennan v. White County, Arkansas

Lower Court: Arkansas
Docketed: 2019-09-10
Status: Denied
Type: Paid
Response Waived
Tags: alcohol-regulation civil-rights due-process governmental-purpose highway-system local-option-law private-clubs rational-basis-review social-science-evidence substantive-due-process
Key Terms:
DueProcess
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Is Arkansas' local option law rationally related to controlling alcohol's ill effects?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. 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? 2. 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? 3. 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?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-25
DISTRIBUTED for Conference of 10/11/2019.
2019-09-11
Waiver of right of respondent White County, Arkansas to respond filed.
2019-09-05
Petition for a writ of certiorari filed. (Response due October 10, 2019)
2019-08-26
Application (19A225) granted by Justice Gorsuch extending the time to file until September 5, 2019.
2019-08-21
Application (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.

Attorneys

David Brennan
David Brennan — Petitioner
David Brennan — Petitioner
White County, Arkansas
Colin Robert JorgensenAssociation of Arkansas Counties, Respondent
Colin Robert JorgensenAssociation of Arkansas Counties, Respondent