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 (from Petition)

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 highly-
developed 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?

Question Presented (AI Summary)

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

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
White County, Arkansas
Colin Robert JorgensenAssociation of Arkansas Counties, Respondent