Senate Public Health Committee votes to request Attorney General review of federal vaccine executive order

The Senate Public Health, Welfare and Labor Committee voted to request an opinion from the Arkansas Attorney General on President Biden’s executive order requiring COVID-19 vaccination for federal employees, after a legal briefing on the committee’s duties under Act 608.

Jill Thayer of the Bureau of Legislative Research told the committee, “Under the act, you have 2 responsibilities,” including the ability to refer the executive order to the Attorney General’s office for review and, once an opinion is received, to make a recommendation back to the legislative leadership or the joint budget committee. Thayer said the AG would “review it and give you an opinion as to the constitutionality of the executive order and other items.”

Representative Bentley moved that the committee formally request the Attorney General provide an official opinion in advance of the committee’s next meeting; the motion was seconded and carried by voice vote. Chair recorded, “The ayes have it, motion carried.”

Senator Garner, who said he initiated the referral, told the panel that shifting timelines and subsequent federal actions have changed the practical reach of the original executive order and raised the related issue of federal contractors. “We had the attorney general file a lawsuit last Friday as saying that’s unconstitutional,” Garner stated, arguing that contractor requirements may be the more relevant matter going forward.

Jill Thayer emphasized the limited scope of the committee’s duty under Act 608: the panel may refer the executive order for an AG opinion and later meet to consider that opinion and recommend whether state resources or personnel would be implicated or whether further state action, including litigation, should follow.

Next steps: the committee will transmit the referral to the Attorney General’s office and reconvene to hear the AG’s written opinion when it is returned.