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SAFE SURGERY ARKANSAS v. THURSTON

No. CV-19-641.

591 S.W.3d 293 (2019)

2019 Ark. 403

SAFE SURGERY ARKANSAS, a Ballot Question Committee and Sponsor, and Laurie Barber, M.D., Individually and on Behalf of Safe Surgery Arkansas, Petitioners, v. John THURSTON, in his Official Capacity as Secretary of State, Respondent. State of Arkansas, Intervenor. Arkansans for Healthy Eyes, a Ballot Question Committee; and Vicki Farmer, Individually and on Behalf of Arkansas for Healthy Eyes, Intervenors.

Supreme Court of Arkansas.

Opinion Delivered: December 17, 2019.

Attorney(s) appearing for the Case

Steel, Wright & Gray, PLLC, by: Alex Gray and Nate Steel , Little Rock; Kelly Law Firm, PLC, Little Rock, by: A.J. Kelly ; and Ryan Owsley , Little Rock, for petitioners.

Kutak Rock LLP, Little Rock, by: Jess Askew III , Ashley Hudson , Andrew King , and Frederick H. Davis ; and Dale W. Brown , Fayetteville, for intervenors Arkansans for Healthy Eyes and Vicki Farmer.

Leslie Rutledge , Att'y Gen., by: William C. Bird III , Senior Ass't Att'y Gen., for intervenors.

Gary L. Sullivan , Little Rock and Peyton Murphy , Arkansas Secretary of State's Office, for respondent.

Michael A. Stokes , of counsel, American Optometric Association; and Everett Law Firm, Fayetteville, by: John C. Everett , for amicus curiae, American Optometric Association.

SUBSTITUTED OPINION

Petitioners Safe Surgery Arkansas and Laurie Barber (SSA) filed in this court a petition for a writ of mandamus against respondent John Thurston in his official capacity as Arkansas Secretary of State (Secretary of State). Arkansans for Healthy Eyes and Vicki Farmer (AHE) intervened...

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