Plan calls for Oklahoma Supreme Court decisions to be put on state ballot; state’s other appellate courts would be unaffected

A new plan introduced this week in the Oklahoma House would make decisions of the state’s supreme court subject to being overturned by popular vote.

HJR 1069 would amend the constitutional provision that establishes the state supreme court’s appellate and original jurisdiction. Any decision of the state’s supreme court regarding the constitutionality of a law would be subject to an override by popular vote.

provided, in any case in which the Supreme Court issues an opinion on the constitutionality of a law, the  opinion may be challenged and overturned by a vote of the people  either through the referendum petition process or by a referendum  proposed by the Legislature in the manner provided by law

Interestingly the provision does not apply to Oklahoma’s other court of last resort, the Court of Criminal Appeals.

HJR 1069 has been filed but not yet assigned to a committee.