OKLAHOMA CITY (OBV) – The Oklahoma Supreme Court unanimously ruled that Gov. Kevin Stitt has constitutional authority to represent the state’s interests in a case concerning tribal gaming compacts.
The state high court’s ruling on constitutional authority concerns the federal lawsuit Cherokee Nation v. United States Department of the Interior. The court ruled that Attorney General Gentner Drummond can represent the state’s interests in the case, but that Stitt has ultimate authority when it comes to representing the state’s interests, and that he has the power to decide who represents his position in court.
The court justices issued their unanimous opinion on Wednesday, stating in their conclusion:
“The Governor possesses statutory and constitutional authority to represent the interests of the State of Oklahoma in the underlying case, and his participation includes the choice of counsel who will represent the Governor’s position. The Attorney General is authorized to appear as discussed herein, but he may not take and assume control of the defense of the State’s interests in the present case, over the objection of the Governor, where the Governor has lawfully retained his own counsel.”
Stitt and Drummond have disagreed and criticized one another on a wide array of issues. The mutual criticism continued Wednesday, after the court’s opinion was released, with both Stitt and Drummond’s office releasing statements.
“I’m pleased with the Court’s common sense ruling which gives the Governor clear authority to defend Oklahoma’s interests in court. I’m also optimistic that this ruling signals the Court’s return to constitutional principles. Unfortunately, AG Drummond wasted a lot of time and taxpayer money trying to take control of litigation that was meant to protect Oklahomans. His power grab was rejected.”
Gov. Kevin Stitt
“Attorney General Drummond had argued he has statutory authority to advocate for the interests of the state, and we are pleased that the state Supreme Court today affirmed that stance. This lawsuit, which has squandered state resources over four-plus years, is the result of unlawful gaming compacts orchestrated by the Governor.”
Phil Bacharach, the Attorney General’s communications director
The Cherokee, Chickasaw, Citizen Potawatomi and Choctaw nations filed the federal lawsuit in response to Stitt revising gaming compacts his office had reached with four other tribes. The plaintiff tribes argue that Stitt does not have legislative authority to revise compacts.
The Supreme Court twice ruled that the compacts Stitt formed with the other tribes are invalid. Stitt still submitted the compacts for federal approval. Notwithstanding the state Supreme Court’s decision that they are invalid, the Governor has argued that the compacts were effectively approved by the Department of the Interior when that agency failed to take any action.
“Notwithstanding the state Supreme Court’s decision that they are invalid, the Governor has argued that the compacts were effectively approved by the Department of the Interior when that agency failed to take any action,” Drummond’s office said in a news release.
