Bench Memos

Re: Judicial Mischief in Oklahoma?

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.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Exit mobile version