Word from the top

But which word, and which top?

The story — undoubtedly apocryphal — goes that somebody at a meeting of the Allies suggested to Stalin that they should include the Pope in their discussions. To which Joseph Stalin supposedly answered: “The Pope? How many divisions does he have?” Uncle Joe didn’t think the Pope could enforce his wishes, not without an army.

The top leaders in Arkansas don’t sneer at each other that way.

But the Arkansas Supreme Court might have trouble enforcing its ruling Thursday afternoon.

The state’s highest court opined that those in the legal profession are “essential workers” who should get vaccines soonest. Enforcement may prove troublesome not because the governor of Arkansas doesn’t follow court orders but, according to those who study these things, he’s not involved in a case before the court.

Fortunately, few think this will go much beyond a temporary disagreement. From what we know about those involved, doubtless there are behind-the-scenes assurances and accommodations being made. Or at least suggestions being considered.

The story was above-the-fold 1A material. Because, after all … .

The Arkansas Supreme Court declared that certain members of the legal profession were essential workers, and they should line up for the covid-19 vaccine. Chief Justice Dan Kemp issued the opinion, and said the court “orders them to be eligible for the vaccine immediately.”

To which Gov. Asa Hutchinson said no, without actually using the word “no.” Which surprised exactly nobody who pays attention to Asa Hutchinson’s style:

“I appreciate the Supreme Court’s concern for judges and staff members of the court system and for attorneys whose cases require them to work in person at a court house,” he said. “Our schedule for vaccinations takes into account the needs and risk level for all Arkansans, and this group is not yet eligible in the 1B phase.

“As our allocation of vaccine increases, we will be able to move more quickly, but currently, court employees who don’t otherwise qualify for a shot will have to wait for their eligibility.”

Dan Kemp told the papers that he had “no response at this time.”

It should be noted that the court didn’t just come up with this ruling out of thin air. The order mentions that the U.S. Department of Homeland Security has identified judges and staff as essential. But in Arkansas, the governor’s team decides who is eligible under each phase of the vaccine roll-out.

Our man on the vaccine/ covid/health beat, Andy Davis, quoted John DiPippa, the former dean of UALR’s William H. Bowen School of Law on the matter. His opinion is that the governor is exercising his authority as chief executive of the state. He said the courts interpret the laws, and that might involve access to the vaccines if it were an issue in a lawsuit before the court:

“In the abstract,” Professor DiPippa tells our reporter, “without any case in front of them, they’re just exercising raw power and not judicial power.” And in his legal opinion, the court can’t hold the governor in contempt because the governor isn’t a part of any case before the court. Which makes sense.

If this gentlemen’s disagreement extends for a matter of weeks, it might be moot. Because vaccines are coming in by the thousands. And Johnson & Johnson put a third into the rotation. Judges and court security and prosecuting attorneys and public defenders and court clerks will be inoculated soon enough, along with the rest of us.

If this play had different actors in the roles of governor and chief justice, we might expect a real humdinger of an ending. But when watchers of Arkansas politics think “cooler heads,” immediately Asa Hutchinson and Dan Kemp come to mind. We don’t expect gasps when the curtain falls.