Oklahoma Supreme Court Declines to Hear Protest Over Tribal Compacts

The Oklahoma Supreme Court, in a 6-3 vote, declined to hear a case on Monday challenging the state legislators’ decision to renew tribal agreements without the governor’s approval. The legal challenge was initiated by a conservative organization against House Speaker Charles McCall from Atoka and Senate President Pro Tem Greg Treat from Oklahoma City, questioning if the move was in breach of state regulations.

The reason the Oklahoma Supreme Court declined to hear the case was not stated in its opinion.

According to the lawsuit filed by the Oklahoma Council of Public Affairs, Senate Bill 26X, which extended tribal tobacco compacts, was passed without the necessary supermajority needed to generate revenue because it was considered during a “budget-related special session,” originated in the wrong chamber, and was considered during the wrong time period.

The tribes whose compacts have expired and their members who would be liable to taxes that could have been avoided at tribal smoke shops had the compacts expired, according to the OCPA, were the two groups collected money as a result of Congress’ decision to extend the compacts.

“We are pleased with the Oklahoma Supreme Court’s ruling on this frivolous lawsuit,” Treat said in a statement. “We knew all along the claims brought by OCPA were baseless and in no way had merit on what the Legislature did in overriding these vetoes. By throwing out this case, the Supreme Court ruled appropriately and in favor of the Legislature’s ability to do its job.”

Two lawsuits were filed against the legislative leaders in response to a late-session decision to prolong some tribal tobacco and motor vehicle registration compacts to 2024 after Stitt’s talks with tribal leaders broke down.

Additionally, Gov. Kevin Stitt filed a lawsuit against McCall and Treat on the grounds that lawmakers lack the jurisdiction to negotiate compacts. The case’s oral arguments are scheduled for December 7.

In its complaint, the OCPA stated that it wasn’t contesting lawmakers’ right to renegotiate compacts.

Cherokee Nation Principal Chief Chuck Hoskin Jr. claimed in a statement that Oklahoma law is crystal clear on the Legislature’s power to draft and adopt laws, including those pertaining to tribal compacts.

“As with Gov. Stitt’s attempts to destabilize this process and prevent intergovernment agreements with the tribes, the OCPA’s arguments are legally baseless,” he said. “OCPA’s hostility to tribal sovereignty is longstanding, ill informed, and woefully out of touch with the mainstream in Oklahoma.”

Choctaw Nation Chief Gary Batton expressed his gratitude for the ruling in a statement, noting that other tribes, including the Cherokee and Choctaw nations, had reacted negatively to OCPA’s claims.

“We continue to hope the ultimate outcome of this case will confirm the Legislature acted within its constitutional powers by extending compacts with tribal nations,” Batton said. “Most importantly, we will continue to seek ways to cooperate and collaborate with state government for the benefit of all Oklahomans.”