In an action brought against this state, a department or agency of this state, or an official of this state in their official capacity that challenges the constitutionality of a state statute, present law authorizes the state to appeal as of right from an interlocutory order of a circuit or chancery court of this state that (i) grants, continues, or modifies an injunction or (ii) denies a motion to dissolve or modify an injunction. This bill rewrites the above provisions to, instead, authorize the state to appeal as of right an interlocutory order of a circuit or chancery court of this state that performs any of the following:  Grants, continues, or modifies an injunction against the state or any state official. Denies a motion to dissolve or modify an injunction against the state or any state official. Denies sovereign immunity to the state or any state official. Denies qualified immunity for any state official. Denies a motion to dismiss filed by the state in an action involving the constitutionality of state law. Denies a motion to dismiss filed by the state in an action involving the constitutionality or lawfulness of an executive order, administrative rule, or any other governmental action.

Statutes affected:
Introduced: 27-1-101