Weddington v. Henry

Supreme Court of Oklahoma November 24, 2008

Weddington v. Henry, 2008 OK 102 (Okla. 2008)

202 P.3d 143; 2008 Okla. LEXIS 113; 2008 WL 5047615

Edmondson, Kauger, Watt, Colbert, Reif, Opala, Winchester, Hargrave, Taylor

Opinion

*144 ORDER

The legislation challenged in this original proceeding, identified as Senate Bill 1708, passed by the Sist Legislature, second session on May 23, 2008, and signed into law by the Governor on June 8, 2008, is facially contrary to the Oklahoma Constitution, Article V, Section 57. The entire measure is declared unconstitutional and void. Fert v. State ox rel. Office of State Finance, 2008 OK 2, 184 P.3d 467.

/s/ James E. Edmondson VICE CHIEF JUSTICE EDMONDSON, V.C.J., KAUGER, WATT, COLBERT, REIF, JJ., concur. OPALA, J., with whom WINCHESTER, C.J., HARGRAVE, TAYLOR, JJ. join, dissenting:

"I concede that the legislation sought to be invalidated is unconstitutional in part but not in toto."

Reference

Full Case Name: Ben A. WEDDINGTON, Jerry Balentine, and Johnathan Reiff, Petitioners, v. Brad HENRY, Governor of the State of Oklahoma, Et Al., Respondents
Cited By: 5 cases
Status: Published