Re: Judicial Mischief in Oklahoma?

by Ed Whelan

A follow-up to yesterday’s post:

Here’s the judge’s opinion in support of her TRO barring Oklahoma election officials from certifying the voters’ adoption of a constitutional amendment barring Oklahoma state courts from considering or using international law or shariah law in deciding cases.

On a quick read, I don’t find compelling the judge’s conclusion that the plaintiff “has shown a substantial likelihood of success” on his Establishment Clause claim. In particular, I don’t see how the plaintiff’s proffered evidence shows that the amendment’s “actual purpose is to disapprove of plaintiff’s faith.” The judge’s separate conclusion that the amendment violates plaintiff’s free-exercise rights seems equally ill-founded.

I’m also puzzled as to why the appropriate remedy for the supposed violations is to bar certification of the election results.

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