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Business courts could soon be established in Oklahoma. Critics are worried.
Business courts could soon be established in Oklahoma. Critics are worried.

Yahoo

time2 days ago

  • Business
  • Yahoo

Business courts could soon be established in Oklahoma. Critics are worried.

A bill designed to establish business courts in Oklahoma — a key part of the Republican-led Legislature's budget agreement with Gov. Kevin Stitt — sailed through both chambers on what figures to be the penultimate day of the four-month legislative session. Senate Bill 632 has seen multiple iterations and ridden a proverbial legislative roller coaster during that time, but it now has ended up on Stitt's desk, awaiting his signature. On the morning of Wednesday, May 28, the Senate approved the bill 39-7. Later in the day, the House sent the legislation to the governor's desk in a 77-12 vote. The creation of courts designed to handle complex business litigation long has been a goal of Stitt, as he believes the existence of such courts will help make Oklahoma appear more friendly to potential businesses looking for a place to locate. Critics have said having business courts could raise the specter of those courts providing preferential treatment to businesses over people seeking to sue them for alleged wrongdoing. They've also noted that by creating the courts, the Legislature is supporting an expansion of government, a point noted Wednesday by Sen. David Bullard, R-Durant, a leader of the Senate's far-right members. Bullard asked Sen. Brent Howard, R-Altus, who was presenting the bill, 'Are we growing government or shrinking it?' Howard eventually acknowledged it was growing government, and Bullard eventually voted in favor of the bill. One far-right senator, Sen. Warren Hamilton, R-McCurtain, joined six of the Senate's eight Democrats in voting against the bill. The legislation would create a business court in any judicial district in Oklahoma containing a county with a population of more than 500,000 — essentially, Oklahoma and Tulsa counties. Howard said the physical location of the two courts would be worked out between the chief justice of the Oklahoma Supreme Court and the Oklahoma Office of Management and Enterprise Services. The salary of a business court judge will be the same as that of an associate justice on the Oklahoma Supreme Court. Currently, that's $161,112, but a bill that's not yet been acted upon by Stitt would raise that number to $185,612. According to an analysis by the Administrative Office of the Courts, the business court system will cost taxpayers about $2 million to establish. Opponents of the bill have pointed out that the court system would also cost millions of dollars a year to run. The business courts would focus on disputes regarding Oklahoma's complex business laws, including securities, trade secrets, professional malpractice, contracts, commercial property, intra-business disputes and e-commerce. Under the legislation, for an issue to be considered by the court, the amount in controversy must be $500,000 or more. The bill also would require any non-jury trial in a business court to be resolved within 12 months. Any party can transfer a legal case into the business court if a district judge determines the business court has subject-matter jurisdiction over the case. The bill, authored by Senate President Pro Tempore Lonnie Paxton, R-Tuttle, and House Speaker Kyle Hilbert, R-Bristow, had a long journey through the Capitol. Its stops included hearings by four committees, House amendments to the bill that were rejected by the Senate, and two conference committee reports, including one that was rejected on May 22. Members of both chambers on the conference committees agreed on the bill's final language on Tuesday, May 27. This article originally appeared on Oklahoman: What is a business court? Oklahoma poised to establish with SB 632

United States Supreme Court decides St. Isidore of Seville Catholic Virtual School case in split 4-4 vote
United States Supreme Court decides St. Isidore of Seville Catholic Virtual School case in split 4-4 vote

Yahoo

time23-05-2025

  • Politics
  • Yahoo

United States Supreme Court decides St. Isidore of Seville Catholic Virtual School case in split 4-4 vote

OKLAHOMA CITY (KFOR) — The United States Supreme Court has reached a decision in the St. Isidore of Seville Catholic Virtual School, Oklahoma Statewide Charter School Board (SCSB) versus Drummond case. The case would've made St. Isidore the first taxpayer-funded religious charter school in the nation. The ruling was a 4-4 split decision by eight Supreme Court justices, as Justice Amy Coney Barrett recused herself due to close ties in the case. PREVIOUS COVERAGE: Heated exchange as SCOTUS hears arguments on nations first religious charter school 'I think it's remarkable. It's a great win for Oklahoma,' said Oklahoma Attorney General Gentner Drummond. 'We were disappointed,' said Brian Shellem, Chairman of the SCSB. The Oklahoma Supreme Court ruled the virtual Catholic charter school unconstitutional. A split vote means the Oklahoma Supreme Court's ruling will remain in place. An Oklahoma parent and plaintiff in the case against St. Isidore said, 'It's really important to me that the government not interfere in my pursuit of faith or in instilling those values in my children.' 'We had to stand up as parents and for our kids and our schools and just say, this is not American, this is not the way we understand democracy,' added Brewer. Others reacted to the decision, including State Superintendent Ryan Walters. He issued a statement about the ruling, expressing disappointment. 'Allowing the exclusion of religious schools from our charter school program in the name of19th century religious bigotry is wrong,' said Superintendent Walters. 'As state superintendent, Iwill always stand with parents and families in opposition to religious discrimination and fightuntil all children in Oklahoma are free to choose the school that serves them best, religious orotherwise.' 'We are disappointed, but the result of this 4-4 decision with no opinion is that the fight againstreligious bigotry will continue in Oklahoma and across the country,' said Hiram Sasser,Executive General Counsel for First Liberty. 'We will not stop until we can bring an end toreligious discrimination in education.' State Superintendent Ryan Walters In a press conference Thursday afternoon, Supt. Walters also said, 'We're looking at a potential amendment to the State Constitution to help clarify this issue. And we're also looking through funding mechanisms for religious charter schools in the future of Oklahoma.' Oklahoma Governor Kevin Stitt also shared his remarks in a statement Thursday morning. 'This 4-4 tie is a non-decision. Now we're in overtime. There will be another case just like this one and Justice Barrett will break the tie. This is far from a settled issue. We are going to keep fighting for parents' rights to instill their values in their children and against religious discrimination.' Governor Kevin Stitt Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Why Amy Coney Barrett May Have Sat Out Huge Supreme Court Case
Why Amy Coney Barrett May Have Sat Out Huge Supreme Court Case

Newsweek

time22-05-2025

  • Politics
  • Newsweek

Why Amy Coney Barrett May Have Sat Out Huge Supreme Court Case

Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources. Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content. U.S. Supreme Court Justice Amy Coney Barrett was the lone jurist on the High Court who did not participate in a ruling that blocked creation of the first taxpayer-funded religious charter school in the nation. The resulting 4-4 split decision reached on Thursday upholds a ruling by the Oklahoma Supreme Court to invalidate the state charter board's approval of St. Isidore of Seville Catholic Virtual School without setting a national precedent. Justices are not required to provide a reason for their recusal from a case. Barrett did not explain hers, but she is close friends and used to teach with Notre Dame law professor Nicole Garnett, who has been an adviser to the school, according to the Associated Press (AP). Supreme Court Justice Amy Coney Barrett speaks during a panel discussion at the winter meeting of the National Governors Association on February 23 in Washington, D.C. Supreme Court Justice Amy Coney Barrett speaks during a panel discussion at the winter meeting of the National Governors Association on February 23 in Washington, D.C. AP Photo/Mark Schiefelbein Why It Matters The U.S. Supreme Court's ruling in the case packed the potential to expand the scope of religious institutions' access to public funding nationwide. Instead, it ended in a rare 4-4 split. A total of 164 cases decided by the High Court from 1925 to 2015 ended in a tied ruling, according to the Minnesota Law Review. In addition to recusals, the court has decided cases with eight members following the death of a justice. Following Justice Antonin Scalia's death in 2016, the court was left with eight justices and had evenly split rulings on several cases, including United States v. Texas and Friedrichs v. California Teachers Association. What To Know The High Court's decision was announced in a brief one-page opinion on Thursday: "The judgment is affirmed by an equally divided Court. Justice Barrett took no part in the consideration or decision of these cases." The opinion does not reveal how each justice voted. Oklahoma's Statewide Charter School Board approved an application by St. Isidore in 2023 and state Attorney General Gentner Drummond filed a lawsuit in response, arguing that the decision violated state and federal laws against government establishment of religion. After the Oklahoma Supreme Court ruled in Drummond's favor, St. Isidore appealed to the U.S. Supreme Court. The K-12 online Catholic school had originally planned to start instruction for 200 students in fall 2024. In a statement to Newsweek, George Theoharis, teaching and leadership professor at Syracuse University, said the deadlocked ruling leaves many questions unanswered. "If the court allows the specific teaching of religion (forbidden by current law), what other parts of the law will religious and other charter schools no longer need to comply with? Can they reject students they do not want to educate?" He said it also remains unclear whether students who do not practice the school's religion would be allowed to attend and if they would be forced to participate in religious education. Charter schools are free and open to all, receive state funding and must follow antidiscrimination laws. They are run by independent boards that are not part of the public school system. What People Are Saying Theoharis, also in his statement to Newsweek: "Will the court wrestle with families that are not Catholic sending their kids to this charter school and will they get to object to the teaching of religion?" Jim Campbell—chief legal counsel at Alliance Defending Freedom who argued on behalf of Oklahoma's charter school board to the Supreme Court—in comments to AP: "Oklahoma parents and children are better off with more educational choices, not fewer. While the Supreme Court's order is disappointing for educational freedom, the 4-4 decision does not set precedent, allowing the court to revisit this issue in the future." What Happens Next The decision invalidates prior approval of St. Isidore by Oklahoma's charter board. The lack of a national precedent allows religious schools to seek consent from state charter boards in the future, which could lead to further litigation. Do you have a story that Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@

SCOTUS tie ends Oklahoma plan to open nation's first publicly funded religious charter school
SCOTUS tie ends Oklahoma plan to open nation's first publicly funded religious charter school

Yahoo

time22-05-2025

  • Politics
  • Yahoo

SCOTUS tie ends Oklahoma plan to open nation's first publicly funded religious charter school

(Photo by Jane Norman/States Newsroom) OKLAHOMA CITY — An Oklahoma Supreme Court ruling striking down a religious charter school will stand after the nation's highest court deadlocked on the issue. The U.S. Supreme Court announced Thursday its justices voted 4-4 with Justice Amy Coney Barrett recused. A tied vote affirms the lower court's ruling. The Oklahoma Supreme Court decided last year that the concept of a publicly funded Catholic charter school is unconstitutional. St. Isidore of Seville Catholic Virtual School would have been the first of its kind in the nation. The Archdiocese of Oklahoma City and the Diocese of Tulsa sought to open the school to offer a free Catholic education to students in all parts of the state. St. Isidore would have taught Catholic doctrine and operated according to church teachings. The Oklahoma Statewide Virtual Charter School Board voted in 2023 to approve opening the school. Attorney General Gentner Drummond asked the state Supreme Court to intervene, calling the school unconstitutional and a threat to religious liberty. Catholic officials appealed the state Supreme Court ruling. The U.S. Supreme Court agreed to hear the case April 30. Attorneys representing the school and the statewide board contend charter schools are not truly public schools but rather private entities contracting with the state, who therefore should be free to adopt a religion. During oral arguments in Washington, D.C., the Court appeared to be divided on the case. Liberal justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson made their doubts clear on St. Isidore while some of the conservative justices, particularly Justice Brett Kavanaugh, signaled support.

US Supreme Court tie ends Oklahoma plan to open publicly funded Catholic charter school
US Supreme Court tie ends Oklahoma plan to open publicly funded Catholic charter school

Yahoo

time22-05-2025

  • Politics
  • Yahoo

US Supreme Court tie ends Oklahoma plan to open publicly funded Catholic charter school

The U.S. Supreme Court deadlocked 4-4 on an Oklahoma case over a religious charter school. The tied vote allows the Oklahoma Supreme Court ruling against the school to stand. (Photo by Jane Norman/States Newsroom) This story first appeared on Oklahoma Voice. OKLAHOMA CITY — A deadlocked U.S. Supreme Court has upheld an Oklahoma ruling that struck down the nation's first religious charter school. The Court announced Thursday it voted 4-4 with Justice Amy Coney Barrett recused. It did not disclose how each justice voted, nor did it issue written opinions. The tied vote affirmed last year's Oklahoma Supreme Court decision that the concept of a publicly funded Catholic charter school is unconstitutional. The Archdiocese of Oklahoma City and the Diocese of Tulsa sought to open St. Isidore of Seville Catholic Virtual School to offer a government-funded online education to students in all parts of the state. St. Isidore would have taught Catholic doctrine and operated according to church teachings. The Oklahoma Statewide Virtual Charter School Board voted in 2023 to approve opening the school. Attorney General Gentner Drummond, a Republican, asked the state Supreme Court to intervene, calling the school unconstitutional and a threat to religious liberty. Both the school and the statewide board appealed the Oklahoma Supreme Court ruling. The U.S. Supreme Court agreed to take up the case and heard oral arguments April 30. Attorneys representing St. Isidore and the statewide board contend charter schools are not truly public schools but rather private entities contracting with the state, who therefore should be free to adopt a religion. Excluding faith-based groups from charter school funding is religious discrimination, they said. In light of the court's decision, St. Isidore's Board of Directors said it will continue exploring other options to deliver a virtual Catholic education for all in Oklahoma. 'Families across the state of Oklahoma deserve the educational opportunities presented by St. Isidore of Seville Catholic Virtual School,' the board stated. 'We are disappointed that the Oklahoma State Supreme Court's decision was upheld in a 4-4 decision without explanation.' During oral arguments in Washington, D.C., the Court appeared to be divided on the case. Liberal justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson made their doubts clear on St. Isidore while some of the conservative majority, particularly Justice Brett Kavanaugh, signaled support. Drummond has long contended the Catholic charter school would create a 'slippery slope' toward taxpayers having to fund schools of any religious faith, including belief systems Oklahomans might find objectionable. 'The Supreme Court's decision represents a resounding victory for religious liberty and for the foundational principles that have guided our nation since its founding,' Drummond said in a statement Thursday. The Statewide Charter School Board, which dropped the word 'virtual' from its name in the year since it appealed the case, issued a statement pledging its commitment to all students and the rule of law. 'The Oklahoma Statewide Charter School Board respects the Court's authority and appreciates its willingness to hear complex and deeply significant legal questions,' the board's statement reads. 'The split decision of the court affirms this was indeed a complicated matter with a wide spectrum of views on the appropriate relationship between education, public funding, and religious institutions in our state and country.' While the attorney general led the legal fight against the school, other Republican leaders in the state, including Gov. Kevin Stitt, advocated for giving religious groups access to charter school funds. Stitt said the matter is 'far from a settled issue.' 'This 4-4 tie is a non-decision,' Stitt said in a statement Thursday. 'Now we're in overtime. There will be another case just like this one and Justice Barrett will break the tie.' Barrett is a former faculty member of the University of Notre Dame Law School, which aided Catholic officials' case for the school. She did not participate in the decision to consider the Oklahoma appeal nor did she hear oral arguments. The court's deadlock could impact a separate lawsuit challenging St. Isidore in Oklahoma County District Court. That case has been on hold while the Supreme Court appeal was ongoing. A coalition of Oklahoma parents, faith leaders and education advocates filed the lawsuit in 2023 while represented by the American Civil Liberties Union and Americans United for Separation of Church and State, along with other national legal organizations. They contend St. Isidore would discriminate against LGBTQ+ students and employees, fail to adequately serve children with disabilities and unlawfully teach religious indoctrination. Oklahoma City Archdiocese officials said students of all backgrounds and beliefs would have been welcome at St. Isidore. The school promised in its charter contract that it would abide by nondiscrimination laws and other state regulations to the extent that Catholic doctrine permitted. Americans United is discussing next steps for the Oklahoma County case with the plaintiffs and co-counsel, spokesperson Liz Hayes said. A religious charter school would be 'an abject violation of religious freedom,' said Rachel Laser, president and CEO of Americans United. 'The Supreme Court's stalemate safeguards public education and upholds the separation of church and state,' Laser said. 'Charter schools are public schools that must be secular and serve all students.' Oklahoma Voice is part of States Newsroom, a national nonprofit news organization. SUPPORT: YOU MAKE OUR WORK POSSIBLE

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