Tribal nations back legislature amid legal battle over who has authority to negotiate compacts
By Andy Weber
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OKLAHOMA CITY (KOCO) — A fight over who has the authority to negotiate tribal compacts made its way to the Oklahoma Supreme Court.
On Thursday morning, the state Supreme Court heard oral arguments after Gov. Kevin Stitt sued the legislature for extending two tribal compacts without his approval. State lawmakers overrode the governor’s veto of two bills that extended the compacts.
“It’s remarkable to me that they continue to stand up here and concede expressly that two branches of our government can do the exact same function,” said Trevor Pemberton, general counsel for Stitt.
Stitt’s team wants the court justices to throw out the extended compacts. The governor essentially accused the legislature of taking his exclusive right to make these types of deals with the state’s 38 tribes.
“Nobody disputes, I don’t believe, that the governor has the authority to negotiate and enter into tobacco and motor vehicle compacts,” said Pemberton.
But the lawmakers and Oklahoma Attorney General Gentner Drummond argued the power to negotiate compacts ultimately rests with the lawmakers and that the governor is nothing more than a delegation of the legislature. Therefore, the legislature can step in to negotiate as well at any time.
“As it relates to tribal negotiations, the constitution is silent, but the legislature has passed law that says the governor has statutory authority to negotiate with tribes,” said Drummond.
Two of the largest tribes in Oklahoma, the Cherokee and Choctaw nations, said they stand with the legislature during the legal fight.
“We look forward to the Oklahoma Supreme Court affirming that the state legislature has authority to extend compacts as they did with the Cherokee Nation,” said Cherokee Nation Attorney General Chad Harsha.
Choctaw Nation Chief Gary Batton went further, arguing the governor is wasting taxpayer dollars fighting a losing battle.
“The legislature’s actions could have been the starting point for cooperation on long-term agreements. Unfortunately, Gov. Stitt would rather spend time, energy and taxpayer money fighting another losing battle. As always, we remain hopeful good-faith negotiations can result in long-term compacts that respect tribal sovereignty while providing benefits for all Oklahomans,” said Batton.
The expectation is for justices to issue a ruling within a week.
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