Legislative leaders want Oklahoma Supreme Court to rule on limits to governor's authority

Leaders of the Oklahoma House and Senate on Thursday asked the Oklahoma Supreme Court to step in and rule on whether Gov. Kevin Stitt has the authority to bind the state to gaming compacts that would authorize sports betting and other forms of gambling that are contrary to state law.

Stitt previously asked Oklahoma City federal judge Timothy DeGiusti to rule on the extent of the governor's authority. However, Oklahoma Senate President Pro Tem Greg Treat and House Speaker Charles McCall said Thursday that they believe that question is a state issue that the Oklahoma Supreme Court should decide.

They have asked the Oklahoma Supreme Court to step in and assume original jurisdiction over the matter.

“Federal judges decide matters of federal law, not matters of state law, and at issue is a matter of state law," said Treat, R-Oklahoma City. "Asking federal judges to decide a matter of state law is a dangerous intrusion into states’ rights.”

“This filing is about much more than gaming compacts. It is a federalism filing to protect states’ rights and the rule of law,” said McCall, R-Atoka. “While we have all due respect for the federal courts, this is not a question for the federal courts to decide.”

Baylee Lakey, the governor's communications director, responded Friday morning by issuing a brief statement.

“The governor was sued in federal court by certain tribes under federal law," Lakey said. "The governor’s legal team filed the motion to clarify in federal court because the attorney general’s opinion attempted to cast doubt on the obligations of the state and the tribes to comply with the federal court-ordered mediation.”

At the center of the dispute are gaming compacts that Stitt signed with the Comanche Nation and Otoe-Missouria Tribe in which the governor gave his approval for the tribes to offer sports betting and house-banked table and card games that legislative leaders say are not otherwise permitted under state law.

Attorney General Mike Hunter issued a legal opinion that concluded the governor had exceeded his authority — a position also taken by Treat, McCall and a number of Oklahoma tribes.

In Thursday's court filings, Treat and McCall asked the Oklahoma Supreme Court to rule that the governor's compacts with the Comanche Nation and Otoe-Missouria Tribe are "void."

"The governor purports, by his unilateral approval of the terms he negotiated, to authorize forms of gaming that are expressly prohibited by Oklahoma law," the attorneys for legislative leaders said a court filing.

They described the governor's actions as a "unilateral power grab" and as "serious dereliction" of the governor's duty under the Oklahoma Constitution.

Stephen Greetham, senior counsel for the Chickasaw Nation; John L. Berrey, chairman of the Quapaw Nation; and the Oklahoma Indian Gaming Association all issued statements Thursday supporting Treat and McCall in their state Supreme Court filing.

"We deeply appreciate the leadership demonstrated today by President Pro Tem Treat and Speaker McCall," Greetham said. "The action they filed in the Oklahoma Supreme Court is tailored to protect their constitutional role as Oklahoma’s policymakers and will help get things back on the right track.”

"It is shameful that in this time of a nationwide health emergency Oklahoma taxpayer money and tribal resources have to be spent to rein in the governor’s illegal actions instead of supporting our citizens and businesses," Berrey said.

The new gaming compacts must be approved by the U.S. Secretary of the Interior before they could become effective. That federal agency has until Monday make its decision.