'Divisive rhetoric': OK Supreme Court rules against Gov. Stitt in tribal compact litigation

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

Prior to the Supreme Courts action, 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.”

Oklahoma Attorney General Gentner Drummond told KFOR he's not shocked by the Opinion.

"I'm flattered that the legislature asked me to argue on their behalf," he said. "The governor wrongfully thought that he is omniscient and has the authority to interpret compacts unilaterally. But in fact, that power resides with the legislature. When the governor refuses to or is unwilling to compact with the tribes, instead of us just frittering away millions of dollars in lost compacting fees, the legislature stepped in and so they overrode his veto, which prompted this lawsuit."

Drummond also pointed out how the Governor's three appointees in the State Supreme Court voted against him.

"That shows how clear and unequivocal it is. I hope it sends the message that, 'Governor, please stop abusing your office and wasting millions of dollars on baseless litigation against Native American tribes who are Oklahomans,'" said Drummond.

We need unity in the state. We don't need divisive rhetoric that tears down Oklahomans when, in fact, they are sovereign nations. We just need to embrace that and harness the relationship with that huge economic benefit. We spend millions of dollars recruiting Panasonic. But you know what? We've got Fortune 100 companies in Oklahoma called Chickasaw, Choctaw, Cherokee Nations, and they're not moving to Houston. They're staying right here. So let's get on board and participate.

Oklahoma Attorney General Gentner Drummond (R)

Senate President Pro Tempore Greg Treat (R-OKC) commented Tuesday on the unanimous, 9-to-0 ruling saying, “This was an unsurprising, but welcome ruling by the Oklahoma Supreme Court. 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 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.”

Drummond estimates the Governor has spent more than $2 million on tribal compact litigation so far.

The lawsuit Gov. Stitt also filed in 2023 against Speaker of the House Charles McCall and Pro Tem Treat is over, according to Drummond.

"The lawsuit has been finally adjudicated. It is over. The governor lost, the legislature won, and that means the people won," stated Drummond.

The Governor was unavailable for an interview with News 4 Wednesday, but sent out a statement Tuesday responding to the Opinion.

"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."

Governor Kevin Stitt

Cherokee Nation Principal Chief Chuck Hoskin Jr. said he's pleased with the Supreme Court's Opinion.

"I applaud Tuesday’s ruling by the Oklahoma Supreme Court, which rightfully rejected Governor Kevin Stitt's misguided attempt to invalidate the will of the Oklahoma legislature and the compacts lawfully entered into by the state and sovereign tribal nations.

In 2023, the Oklahoma legislature clearly exercised its authority by extending vital tribal-state compacts through the proper legislative process. These compacts have proven mutually beneficial, supporting key services and bolstering cooperation between the state and tribal nations like the Cherokee Nation.

Governor Stitt's erroneous argument that the legislative bills were somehow invalid represented an ill-conceived effort to undermine tribal sovereignty. We are encouraged that the Oklahoma Supreme Court saw through the governor’s attempt and upheld the legislature's power to pass both of these bills in 2023.

The Cherokee Nation remains committed to working collaboratively with the state of Oklahoma on a government-to-government basis, guided by the compacts, laws, and constitutions of Oklahoma and the Cherokee Nation. We continue to encourage Governor Stitt to spend more time focusing on cooperation with tribal nations so we can move all of Oklahoma forward, rather than pursuing fruitless and costly legal challenges.

Tribal sovereignty and our ability to work productively with the state are not threats, but opportunities to improve the lives of Oklahomans and build a better future for the next seven generations. The Oklahoma Supreme Court's ruling allows us to move past this unnecessary dispute and focus on the important work ahead.”

News 4 reached out to Speaker McCall's office Wednesday morning, but did not hear back.