I missed this from Adam Unikowsky back on Aug. 25:

On August 22, 2024, the Arkansas Supreme Court held, by a 4-3 vote, that an abortion-rights ballot initiative would not appear on the 2024 ballot. Why? It’s a confusing decision, but boiled down, it’s because when the ballot initiative sponsor submitted its petition on the due date, it failed to staple a photocopy of a document it had already submitted a week earlier. The court reached this conclusion even though (a) nothing in Arkansas law requires this photocopy to be stapled; and (b) even if this requirement existed, Arkansas law is clear that the failure to staple this photocopy is curable, and the sponsor immediately cured the asserted defect.

The Arkansas Supreme Court’s decision is wrong. Moreover, the proceedings in this case make clear that Arkansas state officials are unapologetically engaging in viewpoint discrimination, interpreting the law in one way for ballot initiatives sponsored by conservative groups and in the opposite way for ballot initiatives sponsored by progressive groups….