Argument scheduled in tribal compact lawsuit

Dec. 6—Judges from Oklahoma's highest court will hear arguments Thursday in a lawsuit filed by Gov. Kevin Stitt who is asking the court to rule if the state's legislature had the authority to override his vetoes and extend tribal compacts.

Stitt argues the Oklahoma Constitution and statute gives him the sole authority to negotiate, enter, or extend compacts and named Senate Pro Tem Greg Treat, R-Oklahoma City, and Speaker Charles McCall, R-Atoka, in the suit.

Both the Oklahoma House and Senate voted to override HB 1005X and SB 26X in July. HB 1005X dealt with motor vehicle compacts between Oklahoma and tribal nations with SB 26X dealing with tobacco compacts.

Stitt vetoed both bills in May, claiming the bills were not in the state's best interest and violated state law, and said the bills amount "to a circumvention of the executive's authority to negotiate compacts."

The governor argues language defining "Indian County" needs to be changed in the current compacts following the U.S. Supreme Court's ruling in McGirt v. Oklahoma, which says Congress never "disestablished" the reservation status of the Muscogee (Creek) Nation.

The Oklahoma Court of Criminal Appeals has since applied the ruling to the Choctaw, Cherokee, Chickasaw, Seminole, Quapaw and the Ottawa and Peoria Nations in eastern Oklahoma.

The governor claims he has made attempts to negotiate new compacts with tribal nations with an offer of a two-year extension at the current split of 50% with the only change being language.

Stitt wants to change the language to state the compacts would only apply to lands owned by a tribal nation or held in trust by the federal government, or in a restricted title by tribal members and argues if it's not changed, then all of eastern Oklahoma would be reservation lands.

Stitt believes the language in the current compacts could allow tribes to purchase new stores and sell tobacco across eastern Oklahoma and still be eligible to apply for the 50% split of tax revenue.

Records show the court will hear in person arguments in the case Thursday at 10 a.m. in the courtroom of the Supreme Court on the second floor of the state Capitol.

Attorneys representing Stitt, Treat, and McCall will be present along with the Oklahoma Attorney General.

Each side will get 45 minutes to present their argument.

"The parties shall be prepared to address and defend their respective positions on the issues pertinent to the case," the court's order states.