Attorneys arguing over a preliminary injunction in an Arkansas reapportionment case in federal court suffered a two-day setback with winter weather forcing the closure of the federal courthouse in Little Rock on Thursday and Friday, and even a rare Saturday session won't do much to alleviate the situation.
U.S. District Judge Lee Rudofsky indicated last month that, if necessary, he would hold court today in order to expedite a ruling on the case. With today's session already scheduled, attorneys are facing the possibility that Tuesday will be the earliest point at which the matter can go to Rudofsky for a decision.
The ACLU filed the lawsuit against the Arkansas Board of Apportionment, composed of the state's three top constitutional officers: Republicans Gov. Asa Hutchinson, Attorney General Leslie Rutledge and Secretary of State John Thurston.
The board is tasked with the once-a-decade redrawing of legislative boundaries in Arkansas after the decennial census.
The lawsuit is challenging the board's new districts for the state House of Representatives, claiming that the new map dilutes the influence of Black voters.
This week's preliminary injunction hearing is to determine whether the map should be struck down before the May primary election -- the first election to employ the newly drawn districts.
Gary Sullivan, an attorney with ACLU of Arkansas, said the delay is creating some serious headaches for attorneys on both sides as they attempt to bring in witnesses to testify. He said the problem is especially acute regarding witnesses from out of town who must fly into Little Rock to testify.
"We have to get our out-of-town witnesses on and off in time for them to take care of other responsibilities they may have," Sullivan said, "not the least of which is getting a flight out of Little Rock, as some of them have been canceled."
Sullivan said a slight possibility exists that the matter could wrap up earlier than Tuesday but said a lot of variables that are in play make it impossible to predict an early ending with any certainty.
"It's not likely but you never know," he said. "Either side might decide not to call a witness they've been planning to call, witnesses could theoretically wind up taking less time on the stand than anticipated, so many things could happen ... but I would think we'll finish this up no later than Tuesday because we have these two days off for weather."
If the hearing ends by Tuesday, Rudofsky will have only two weeks to rule on the preliminary injunction matter before the filing date opens for the preferential primary and non-partisan elections scheduled for May 4. Currently, the filing period opens on Feb. 22 and closes March 1. If Rudofsky rules in favor of the plaintiffs, a new House map will have to be drawn and approved prior to Feb. 22.
Rudofsky himself raised the question in an earlier hearing of whether he has the authority to move the filing period dates but no determination had been made Friday.
Holly Dickson, executive director of ACLU of Arkansas, said the issue of disenfranchisement of Black voters is not a new phenomenon in Arkansas. She said regardless of what party is in power in the state, the problem has persisted for years, and it appears likely that it will require federal intervention to reach a resolution.
"This is part and parcel of having a majority rule over a minority population," Dickson said. "This cuts back to that. When you don't have the true ability to have representation in the Arkansas General Assembly for Black Arkansans, it's even harder for them as minority voters to have their voices heard regardless of which party is in control. The dilution of Black representation in this country has been a problem since before the founding of the nation."
The office of Attorney General Leslie Rutledge -- which is handling the defense -- did not respond to specific questions regarding the case. In an emailed statement the office said only, "The Attorney General's Office will continue presenting the Board's case once court resumes following this weather delay."
Rudofsky ordered that court resumes today at noon.