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Oklahoma Supreme Court Rebukes Attorney General Drummond’s Overreach, Unanimously Upholds Governor’s Constitutional Authority

Government and Politics

January 22, 2025

From: Oklahoma Governor J Kevin Stitt

The Oklahoma Supreme Court issued a unanimous decision confirming Governor Kevin Stitt’s constitutional authority to represent the State’s interest in court as the leader of the executive branch. The ruling firmly rejects Attorney General Gentner Drummond’s attempt to take control of the Governor’s litigation.

"I’m pleased with the Court’s common sense ruling which gives the Governor clear authority to defend Oklahoma’s interests in court. I’m also optimistic that this ruling signals the Court’s return to constitutional principles," said Governor Stitt. "Unfortunately, AG Drummond wasted a lot of time and taxpayer money trying to take control of litigation that was meant to protect Oklahomans. His power grab was rejected."

The Court’s decision makes it clear: the Governor, as Oklahoma’s chief executive, has the power to choose the legal team to represent the State’s interests. As the Court stated: “the Governor has both specific legislative authority to select his own counsel as well as superior constitutional power as Chief Magistrate. In the presence of the unambiguous legal pronouncements establishing the Governor's powers, the Attorney General may not assume control over the objection of the Governor - especially in a lawsuit involving the Governor's own actions, in which the Governor is named as a defendant, and where the Governor's selected counsel has been handling the representation since 2021.”

The Court also reinforced that Oklahoma’s Constitution puts the Governor at the top of the executive branch: “The Governor is ultimately the leader of the executive branch."

Read the ruling in full here.