The U.S. Supreme Court has recently taken an unusual interest in Oklahoma, agreeing to hear multiple cases that expose deep political rifts within the state.
With only about 1% of the nation’s population, Oklahoma’s legal battles now constitute nearly 10% of the Court’s docket this term.
This development has brought the state’s internal conflicts into the national spotlight, revealing a complex web of legal, political, and ethical issues.
Supreme Court’s Selective Docket
The Supreme Court’s case selection process is highly competitive. Annually, over 7,000 petitions are filed, but the Court hears only about 100 to 150 cases per term.
In recent years, this number has declined; for instance, the Court agreed to hear 60 cases in the 2022-23 term and issued decisions in 58. In the 2023-24 term, it heard 62 cases and issued 60 opinions.
For the 2024-25 docket, the Court has agreed to hear 65 cases and has scheduled 41 for argument. Amid this shrinking docket, Oklahoma’s prominence is particularly noteworthy.
Oklahoma’s Cases Before the Supreme Court
Three significant cases from Oklahoma are currently before the Supreme Court, each highlighting different facets of the state’s political landscape:
- Glossip v. Oklahoma Background: Richard Glossip was convicted for commissioning the murder of Barry Van Treese in 1997. The case has been fraught with controversy, particularly concerning the reliability of key witness testimony and allegations of suppressed evidence. In 2023, Oklahoma Attorney General Gentner Drummond conducted an independent investigation, uncovering evidence that cast doubt on Glossip’s conviction. Despite this, the Oklahoma Court of Criminal Appeals denied Glossip’s application for post-conviction relief. The Supreme Court agreed to hear the case, and on February 25, 2025, it overturned Glossip’s conviction, citing violations of due process related to the prosecution’s failure to correct false testimony.
- Oklahoma Statewide Charter School Board v. Drummond Background: In 2023, the Oklahoma Statewide Virtual Charter School Board approved the establishment of St. Isidore of Seville Catholic Virtual School, potentially creating the first taxpayer-funded religious charter school in the nation. Attorney General Drummond challenged this decision, arguing it violated the Establishment Clause of the U.S. Constitution. The Oklahoma Supreme Court ruled in his favor, but supporters of the school appealed to the U.S. Supreme Court. The case, now under the Supreme Court’s consideration, could have far-reaching implications for the separation of church and state.
- Oklahoma v. EPA Background: This case involves a dispute between Oklahoma and the Environmental Protection Agency (EPA) over air quality standards established in 2015. Oklahoma, along with other states and industry groups, sued the EPA, arguing that the D.C. Circuit Court lacked jurisdiction and that the case should be heard in the 10th Circuit. The Supreme Court’s decision to hear this case underscores ongoing tensions between state and federal authorities over environmental regulations.
Political Infighting and Its Implications
The prominence of these cases before the Supreme Court has shed light on internal conflicts among Oklahoma’s Republican leaders:
- Attorney General vs. Governor: In Glossip v. Oklahoma, Attorney General Drummond took the unusual step of disputing the soundness of Glossip’s conviction, opposing both the Court of Criminal Appeals and the Pardon and Parole Board. Governor Kevin Stitt had previously granted temporary delays of execution but indicated he would “follow the law” regarding Glossip’s execution.
- Attorney General vs. State Superintendent: In the St. Isidore case, State Superintendent Ryan Walters supported the establishment of the religious charter school, aligning with Governor Stitt. Attorney General Drummond opposed the move, citing constitutional concerns.
Oklahoma’s Judicial Controversies
Oklahoma has a history of judicial controversies reaching the Supreme Court:
- McGirt v. Oklahoma (2020): The Court ruled that much of eastern Oklahoma remains Native American reservation land for federal criminal law purposes, a decision with significant implications for state jurisdiction.
- 1965 Oklahoma Supreme Court Scandal: Several justices were implicated in a bribery scandal, leading to convictions and reforms in the state’s judicial system.
Oklahoma’s current entanglement with the U.S. Supreme Court highlights deep-seated political divisions and raises critical questions about constitutional interpretation, the separation of church and state, and the balance of state and federal powers.
As these cases unfold, they will not only shape the future of Oklahoma’s legal and political landscape but also set precedents with national implications.
The outcomes may redefine boundaries between state authority and federal oversight, influence the role of religion in publicly funded institutions, and impact the administration of capital punishment across the country.