LITTLE ROCK, Ark. – A local law professor is proposing a constitutional amendment to eliminate sovereign immunity.
Sovereign immunity makes it impossible to sue the government in state court.
The Arkansas Supreme Court ruled earlier this year that the government could no longer waive immunity in certain circumstances.
As a result, a constitutional amendment is required in order for citizens to sue to state.
Professor Joshua Silverstein of the University of Arkansas Little Rock Bowen School of Law says he hopes the state legislature will take up the amendment he has drafted during the next session.
“If you want money from the state even if you’re injured, you have to get the state to agree to give you money…that means the state is a judge in its own case and that’s simply unfair,” says
Joshua Silverstein, Professor of Law, Bowen School of Law.
Instead of eliminating the provision all together, there are some who say a new amendment should only allow that state to have the option to waive immunity in limited circumstances.