Federal Court Strikes Down Racial Quota for Arkansas Ethics Commission Members

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Arkansas Attorney General Tim Griffin is praising a federal court ruling that struck down a state law requirement mandating racial representation on the Arkansas Ethics Commission, calling it an unconstitutional racial quota.

Griffin issued a statement after a judge in the U.S. District Court for the Eastern District of Arkansas entered a declaratory judgment and permanent injunction in Greene v. Griffin. The ruling declares unconstitutional a provision of state law requiring that at least one member of the Arkansas Ethics Commission be of a minority race.

According to the court’s order, the requirement violates the Equal Protection Clause of the Fourteenth Amendment. The injunction follows a joint motion filed by Griffin and the plaintiff asking the court to permanently block enforcement of the provision.

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“The United States District Court for the Eastern District of Arkansas today has righted a wrong that for too long allowed discrimination to be enshrined in state statute,” Griffin said. “The court has issued a permanent injunction, declaring that the requirement that the Arkansas Ethics Commission must include at least one member of a minority race is an unconstitutional racial quota.”

Griffin said he first raised objections to the law last summer when he declined to make an appointment to the Ethics Commission based on race. He argued that appointments to state boards and commissions should be determined by qualifications rather than race.

“Appointments to government boards and commissions should be based on one’s qualifications, not meeting racial quotas,” Griffin said. “With this injunction now in place, Arkansans of all races will be given fair and equal consideration for appointment.”

The ruling permanently prevents enforcement of the racial requirement in state statute governing appointments to the Arkansas Ethics Commission.