An injunction against two statutes passed by the Arkansas Legislature in 2023 that would give the governor more control over the day-to-day operations of the state prison system will remain in place for now, the Arkansas Supreme Court said on Thursday.

The 5-2 decision sends the case back to circuit court, where the underlying lawsuit challenging the 2023 statutes will play out. In reaching the ruling, the Supreme Court avoided — at least for now — questions about whether giving Gov. Sarah Huckabee Sanders more direct control over the Arkansas Department of Corrections violates Amendment 33 to the state constitution. But it appears to be a win for the Board of Corrections and suggests the state’s courts will continue to affirm the board’s independence from the governor’s office.

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