State Supreme Court rules in favor of legislature in 'Compacting Lawsuit'

OKLAHOMA CTIY (KFOR) - The Supreme Court on Tuesday, ruled in favor to uphold the legislature's authority to override vetoes of the tribal compacting bills.

Prior to the Supreme Courts action on today, Governor Kevin Stitt last year sued the legislature after members of both chambers overrode two of his vetoes in a July special session. Senate Bill 26x and House Bill 1005x, extended tribal tobacco and motor vehicle registration compacts for one year.

In their opinion, Justices cited a previous lawsuit filed by the governor in 2020, writing,
“Though we recognized the Governor's authority to negotiate and enter into compacts, "the Governor must negotiate the compacts within the bounds of the laws enacted by the Legislature.”

Senate Pro Tem Greg Treat, R-Oklahoma commented Tuesday on the unanimous, 9-to-0 ruling saying, “This was an unsurprising, but welcome ruling by the Oklahoma Supreme Court,” Pro Tem Treat said. “We knew from the onset this litigation was unproductive and a waste of taxpayer money. This is money that could have been spent on essential services for Oklahomans. Instead, it will go toward legal fees for outside counsel in a failed attempt on flawed logic and the governor’s authority to make policy decisions. I applaud the unanimous decision by the state Supreme Court and hope we can now re-shift our focus and attention to the important work of helping Oklahomans, which include our tribal partners.”

According to Senate Pro Tem Greg Treat, the state receives around $58 million per year from tribal motor vehicle and tobacco compacts.

In denying the governor’s request, the Oklahoma Supreme Court concluded the concurrent special session was constitutional, citing in the opinion – “We hold that the Legislature had the Constitutional authority to consider S.B. 26x and H.B. 1005x during a concurrent Special Session, and that the Legislation did not exceed the call of the Special Session. Additionally, we hold that the Governor's authority to negotiate State-Tribal compacts is statutory, not constitutional.”

Governor Stitt released the following statement following the Oklahoma Supreme Court's decision in Treat v. Stitt:

"I’m thankful that today’s decision gives future governors clarity around compact negotiations.

"Over the last few weeks, I’ve finalized 11 compacts with tribal governments that protected the interests of the state, and I’m proud of that success. We are in talks right now with Cherokee officials to broker a car tag compact, and before this ruling we were confident we would get that done.

"Right now, individuals driving with Cherokee car tags owe the Oklahoma Turnpike Authority over $4 million in missed tolls, so it is essential that we have a valid car tag compact to ensure that we have a Top Ten infrastructure for years to come. Now that we know that tribal governments can go to the Governor or the Legislature to negotiate compacts, I hope the Legislature agrees with me that we need to collect from every tag that drives on our toll roads.  

"Regardless of the outcome of this case, Oklahoma knows that I am a Governor that is going to stand up for fairness for all four million Oklahomans."

After the announcement lawmakers released the following respective responses:

“I am very pleased with the decision of the Oklahoma Supreme Court today. This lawsuit took time and money away from Oklahomans, so this ruling is greatly appreciated. Tribal compacts greatly benefit all Oklahomans and with this issue now resolved, the legislature can continue our necessary work in creating policies that will better the lives of all Oklahomans. It is incumbent upon the Governor to work with our tribal partners instead of against them–it is not only in the interest of tribes, but the entire State of Oklahoma.”

Oklahoma House Democratic Leader Cyndi Munson, D-Oklahoma City

“I was honored to represent the Legislature in their efforts to uphold Oklahoma law, and I am pleased with the unanimous ruling in our favor. Gov. Stitt has repeatedly abused his office to wage baseless legal battles against our Native American tribes, wasting millions of dollars in state resources. This ruling makes clear that the Governor’s compacting authority is statutory only, subject to intervention by the Legislature when the Governor fails or refuses to act in the best interest of all four million Oklahomans.”

Attorney General Gentner Drummond

To read the opinion issued today, click here.