Oklahoma's Legislature has a history of passing unconstitutional laws

Carmen Forman Oklahoman
Published 6:00 a.m. CT May 2, 2021

The Oklahoma Legislature has a history of passing bills that are later struck down by the courts as unconstitutional.
Oklahoma laws on worker's compensation, trains stopped on the tracks, liquor distribution and medication abortions all have something in common.

Local state and federal courts have found these laws, crafted by Oklahoma's Legislature, are partially or wholly unconstitutional, although some of the rulings are still under appeal. ... The Oklahoma Legislature has a history of passing bills that are later struck down by the courts as unconstitutional. ... Passing laws that are later overturned by the courts is not an issue specific to Oklahoma. Nor is the trend limited to the current Republican-led leadership at the state legislature.

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But critics say the legislature sometimes knowingly advances unconstitutional legislation, which they argue is a waste of time and taxpayer money when Oklahoma's attorney general has to defend those laws in court.

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One Capitol observer said the number of unconstitutional bills in the Oklahoma Legislature has grown in recent years, with more constitutionally questionable bills making it to the governor's desk.

“We’ve always had some unconstitutional legislation, but in recent years, and in this session in particular, we’ve seen that grow in volume,” said Nicole McAfee, director of policy and advocacy for the ACLU of Oklahoma. “This year, we're seeing a lot of those sort of blatantly unconstitutional attacks on access to abortion care and attacks on protest rights advanced through the legislative process.”

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