Page:Mendoza v. WIS International, Inc.pdf/12

 section 27-37-703 can have no practical effect on the outcome of Ms. Mendoza's case. Thus this court's musings are purely advisory or the answer to an academic question, tasks which this court has repeatedly said it would not untertake. Woodrome v. Daniels, 2010 Ark. 244, 370 S.W.3d 190; Saunders v. Neuse, 320 Ark. 547, 898 S.W.2d 43 (1995); Walker v. McCuen, 318 Ark. 508, 886 S.W.2d 577 (1994); Dougan v. Gray, 318 Ark. 6, 884 S.W.2d 239 (1994); Gladden v. Bucy, 299 Ark. 523, 772 S.W.2d 612 (1989); Neeley v. Barber, 288 Ark. 384, 706 S.W.2d 358 (1986).

Under these circumstances, this court must remain true to its rules and well-established practices and decline to answer this certified question. Arkansas Supreme Court Rule 6-8 (2012), contemplates just such a disposition: "(a)(5) In its discretion, the Supreme Court may at any time rescind its decision to answer a certified question. The Clerk shall promptly mail notice to the certifying court, counsel of record, and parties appearing without counsel."

I contend that it is only prudent to rescind this court's acceptance of the certified question.

In my view, the majority was not only wrong for agreeing to answer this question, it is wrong in its answer as well. Although the majority recognizes it, it fails to honor the presumption of validity attending every consideration of a statute's constitutionality. Johnson v. Rockwell Automation, Inc., 2009 Ark. 241, 308 S.W.3d 135. Before this court can declare an act to be unconstitutional, the incompatibility between it and the constitution must be clear. Id. Any doubt as to the constitutionality of a statute must be resolved in favor of its constitutionality. Id. When possible, we must construe a statute so that it is constitutional. Id. There is ample basis to construe this statute so as to find it constitutional.