The Court of Appeals' May 20, 2026, docket offers at least two clues that summer break is near: (1) there are forty-five decisions listed, an unusually high number only seen near the end of a term; and (2) no new cases were submitted for decision.
It will take me a bit to work through these. If summer break is upon us, please check back here for opinion highlights - surely there's something of interest to this blog in that many decisions.
The Supreme Court did issue a docket yesterday, but no decisions were announced. Three cases were submitted for decision. In the past, summer break did not always commence at the same time for our two appellate courts.
Remember my April 7, 2026, post about a request for the Supreme Court to appoint an invited amicus for Sanders v. Arkansas Board of Corrections, CV-25-742? The argument was that no party wanted to defend the trial court's decision below, so, following United States Supreme Court practice, our Supreme Court should appoint someone to defend that decision. (See that April 7, 2026, post for more background.)
Yesterday, the Supreme Court remanded the case for the trial court to "consider" a dispositive joint motion. In that context, the Supreme Court also "dismissed" two motions to appoint an invited amicus.
It is interesting to me that the court did not deny the motions - they were merely dismissed. What does this mean in terms of the law of the case? Could an invited amicus be requested at the trial court level upon remand, and again if another appeal ensues? Stay tuned!
Enjoy your Memorial Day weekend.
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