Oklahoma
Supreme Court
Oklahoma’s highest court for civil matters is the Oklahoma Supreme Court. The court has seven justices, one chief justice, and one vice-chief justice. The court selects a chief justice and a vice chief justice every two years. (Source: Oklahoma Supreme Court)
Judicial Selection
The governor appoints Oklahoma Supreme Court justices from a list provided by a judicial nominating commission. After at least one year on the court, a justice may stand for a six-year term in an unopposed yes/no retention vote at the time of Oklahoma’s next general election. Justices may stand for additional terms in the same retention process. To fill an interim vacancy, the governor appoints a candidate from a list provided by a judicial nominating commission. There are no term limits, nor is there a mandatory retirement age.
Court of Criminal Appeals
Oklahoma’s highest court for criminal matters is the Oklahoma Court of Criminal Appeals. The court has three judges, one presiding judge, and one vice-presiding judge. The presiding judge is selected for a two-year term by members of the court. (Source: Justia)
Judicial Selection
The governor appoints Oklahoma Court of Criminal Appeals judges from a list provided by a judicial nominating commission. After at least one year on the court, a judge may stand for a six-year term in an unopposed yes/no retention vote at the time of Oklahoma’s next general election. Judges may stand for additional six-year terms in the same retention process. When a seat on the Oklahoma Court of Criminal Appeals becomes open in the middle of a judge’s term, the governor appoints a candidate from a list provided by a judicial nominating commission. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Oklahoma’s first and only state constitution was adopted in 1907. As of January 1, 2024, it had 200 amendments. (Source: John Dinan, 2024)
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The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
Battle Over Religion in Public Schools Continues
The Oklahoma Supreme Court ruled a Catholic institution could not be a public charter school, but the issue is far from resolved.
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.