On April 20, State Superintendent of Public Instruction Joy Hofmeister announced that Emergency Assistance to Nonpublic Schools (EANS) is now available to 56 Oklahoma schools. The EANS program was authorized by Congress in December 2020 under the Coronavirus Response and Relief Supplemental Appropriations Act (CRSSA). “The pandemic caused major disruption to all students in our state, including those who attend private schools,” said Hofmeister. “The services and assistance these schools will receive through the EANS program will help students gain back what’s been lost over the past year.” Oklahoma’s allocation for the EANS program is $30,986,191.

The Oklahoma State Department of Education (OSDE) determined eligible nonpublic schools based on the number of students enrolled as of Oct. 1, 2019. The amount of EANS funds each nonpublic school has for services or assistance is based on the number and percentage of low-income students and those schools determined to be most impacted by the COVID-19 pandemic. EANS dollars are intended to prevent, prepare for and respond to the challenges of the COVID-19 pandemic. The types of services EANS funds can be used for include cleaning supplies, ventilation system improvements, training for staff, technology to help students and teachers with remote or hybrid learning, and the reimbursement of certain expenses incurred since March 13, 2020.

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On April 22, Oklahoma Attorney General Mike Hunter joined in a letter to President Joe Biden and congressional leaders explaining that the proposal to pack the U.S. Supreme Court undermines the constitutional system, public confidence in the courts and the rule of law. Court packing is the practice of changing the composition of judges on a specific court by increasing the number of seats, thus tipping the balance of power toward one political party. Recently, President Biden formed a commission to study expanding the current nine-member bench of the U.S. Supreme Court. Additionally, congressional Democrats have filed legislation that would add four new justices to the court. “Given the filing of the bill six days after the president announced his executive order regarding the Supreme Court, it is clear that the Commission on the Supreme Court is nothing but a coordinated attempt to justify a naked political power grab by the leaders of Congress and the president,” the letter reads.

Attorney General Hunter said the effort to expand the court will be met with strong opposition. “Attempting to pack the court is a complete abuse of power that is destined to fail,” Attorney General Hunter said. “The framers of the Constitution specifically made the judiciary independent to avoid judicial abuses by a tyrannical government, like the one they fled. Even famous liberal icons like Justice Ruth Bader Ginsburg and Justice Stephen Breyer have condemned the notion of adding seats to the court. My attorneys general colleagues and I will do whatever it takes to fight this radical idea.”

The letter, signed by a coalition of 20 attorneys general, says the last failed attempt at court packing was 80 years ago. Since that time, presidents and Congress have respected the independence of the judiciary and the Supreme Court as the bulwark protecting Americans’ liberties. It has been over 150 years since the court composition was altered. “The Justices of the Supreme Court have repeatedly shown their independence, despite their differences and the labels some have put on them,” the letter continues. “When elected officials do not like the outcome in a case, that is not a sign of the politicization of the Court, but of the system working.”

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On April 16, Attorney General Mike Hunter sharply rebuked the U.S. Interior Department’s Office of Surface Mining Reclamation and Enforcement for its attempted takeover of regulating coal mining and reclamation activities on land in Oklahoma subject to the McGirt decision. The response comes after the agency’s deputy director, Glenda Owens, sent letters to the Oklahoma Conservation Commission and the state Secretary of Energy and Environment saying the U.S. Supreme Court ruling in McGirt v. Oklahoma stripped the state of authority to regulate surface coal mining and reclamation operations on lands now considered the Muscogee (Creek) Reservation. The agency demanded that Oklahoma officials surrender their authority and records to federal officials within 30 days.

Attorney General Hunter said the Interior Department is ignoring relevant law. “I am advising that no state agency comply with this ill-advised power grab by the Biden administration,” Attorney General Hunter said. “Courts ruled a long time ago that reservation lands are not categorically exempt from state jurisdiction for all purposes. The McGirt ruling was about criminal jurisdiction, not all state regulations of industries. Further, we have supervised mines and reclamation operations in Oklahoma for decades and there is no legal basis for us to stop this practice now.” The letter says only Congress has the authority to change the regulatory authority on reservation lands from the state to the federal government. Even then, Congress faces limits in repealing a state’s civil jurisdiction over non-Native Americans on reservation land. The attorney general continues, the Interior Department is relying on false assumptions that states lack civil jurisdiction over reservation lands without federal approval.

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On March 17, Oklahoma Attorney General Mike Hunter joined a lawsuit against President Joe Biden and members of his administration over their move to shut down the Keystone Pipeline. Filed in the United States District Court for the Southern District of Texas, the complaint aims to prevent the Biden administration from circumventing limits placed on the presidency by the Constitution, the Administrative Procedure Act and congressionally enacted national policy in what the lawsuit calls a critical energy matter. Oklahoma joined 20 other state attorneys general in filing the lawsuit.

Attorney General Hunter said President Biden’s executive action halting the pipeline is unlawful and does nothing but harm Americans. “The president doesn’t have the constitutional authority to unilaterally block this project,” Attorney General Hunter said. “It is up to Congress to approve the project, which they have done already. Further, the argument that transporting crude oil via pipeline is worse for the environment than by rail or shipment is preposterous and has been disproven numerous times, even by the Obama-Biden State Department. The Keystone Pipeline also will move the United States closer to energy independence. This will help Oklahomans and Americans by keeping costs for products and fuel down. As a fourth generation Oklahoman who has worked in the industry, I know how critical it is to our state. That is why I will do everything I can to ensure our energy sector is protected from federal overreach.”

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In order to handle the criminal case load as a result of the U.S. Supreme Court’s McGirt v. Oklahoma decision, the Cherokee Nation has spent $10 million to upgrade its justice system. While McGirt only directly affected the Muscogee (Creek) Nation, the Oklahoma Court of Criminal Appeals recently handed down several decisions which applied McGirt to the Cherokee, Seminole, Choctaw and Chickasaw Nations. The Cherokees are trying to deal with the hundreds of cases that are leaving the state of Oklahoma’s criminal justice system and entering either the federal system or the tribal system. Cherokee Nation Attorney General Sara Hill says some cases might not get retried in the federal or tribal courts because of how long ago they occurred.

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On April 20, the Muscogee (Creek) Nation announced that its River Spirit Casino Resort will be hosting the Miss USA and Miss Teen USA competitions in Tulsa this fall. The pageant will be held November 26-29, 2021, in the Paradise Cove Theater. Over 100 contestants are expected travel to Oklahoma from each state to compete for the title of Miss USA and Miss Teen USA. Miss USA Organization President Crystle Stewart called it a “state of the art entertainment center that rivals any of the centers I have been to around the world, not just in the Nation.” Stewart won the Miss USA 2008 title and has been a part of the organization since that time. “At the Muscogee (Creek) Nation, we anticipated that if we built River Spirit Casino Resort to the highest caliber possible, prominent events such as the Miss USA Organization would be attracted to River Spirit,” Principal Chief David Hill said. “Today’s announcement is a testament to those ambitious efforts and our ability to compete in the national arena for high-profile events.” Tulsa Mayor G.T. Bynum commended the Muscogee (Creek) Nation for being a “tremendous driving force” in the local economy. More than 3,000 visitors are also expected.

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State General Revenue Fund (GRF) collections in March totaled $489.3 million, which is $16.4 million, or 3.5%, above the monthly estimate. This was only $5.3 million, or 1.1%, below collections in March of 2020. Total GRF collections through the first nine months of fiscal year 2021 are $4.8 billion, which is $27.5 million, or 0.6%, above the estimate, and $94.1 million, or 2%, above prior year collections for the same period. March tax and fee revenue collections exceeded estimates by 3.5% and were bolstered primarily by income taxes and natural gas tax collections. Year-to-date collections continue to track just above estimates at 0.6%. Sales tax and oil tax collections remain weak categories with sales tax falling below estimates for the last five months and oil collections missing estimates for all months in the fiscal year. “Oklahoma continues to exceed year-to-date collection estimates. As life starts to return to normal, post-pandemic, we hope to see this economic momentum continue forward,” said OMES Executive Director Steven Harpe. “These financial indicators show us Oklahoma’s recovery plan is on track and making great strides.”

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On February 16, the Board of Equalization, chaired by Gov. Kevin Stitt, voted to approve $9,640,475,940 in revenue to be appropriated by the Legislature for Fiscal Year 2022, an increase of $1,807,310,758 over appropriated expenditures for FY 2021. “Other states are waking up to the reality of huge budget deficits, but Oklahoma’s economy is strong thanks to the balanced approach we took to address the pandemic and the Legislature’s wise decision not to spend all of the authorized amount last year,” said Gov. Stitt. “Keeping businesses open and getting COVID vaccines out quickly and efficiently has proven critical to keeping our head above water. Moving forward, my top budget priorities for FY 2022 are to deliver taxpayers more for their money and to invest in our fellow Oklahomans to fully unlock our full economic potential.”

The estimate includes $1.7 billion in one-time cash or non-recurring revenue. Gov. Stitt believes the State of Oklahoma should use the non-recurring revenue to significantly replenish its savings account to be prepared for any future downturns and strategically invest in infrastructure projects to help grow the economy. They also voted at the meeting to approve a Constitutional limit on appropriations for FY 2022 of $7,908,933,430 which restricts expenditures from certified funds and cash.

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Ron McWhirter

Democrats Charge Racism to Distract from Their Agenda

Thursday 6th of May 2021
Oklahoma Democrat leaders have called for Diversity and Inclusion training for members of the Oklahoma Legislature, due to what they call “racist” comments made by Republican legislators.
  On April 7, a member of the Oklahoma House of Representatives made a comment that the Democrats called racially insensitive. Rep. Jim Olsen (R-Roland), the House author of Senate Bill 612, was speaking in support of the bill in the House Public Health Committee. The legislation would abolish abortion by making it a felony for a doctor to perform an abortion, except to save the life of the mother in a medical emergency. It had already been approved in the Senate, 38-9, and was now beginning its way through the House.

Read the full story, here.

News

Oklahoma Struggles with McGirt Decision

Thursday 6th of May 2021
In July of last year, the U.S. Supreme Court vacated the conviction of Jimcy McGirt of three serious sexual offenses. The decision, written by Justice Neil Gorsuch, contended that, for the purposes of the Major Crimes Act, land in eastern Oklahoma remains a reservation for the Creek Nation. The 5-4 decision reversed a decision by the Oklahoma Court of Criminal Appeals which had said that all Indian courts had been abolished at statehood. Instead, the Supreme Court ruled that because McGirt was a Creek, he could only be prosecuted in Creek tribal courts, or in federal court.
  Technically, the decision only directly affected McGirt, but the precedent set has created a cloud of uncertainty on the status of criminal law, taxation, and many other matters in lands once held by the Creek Nation. Additionally, it is expected that future litigation will lead to all of eastern Oklahoma which was once held by the Creek, Cherokee, Chickasaw, Seminole, and Choctaw tribes being considered Indian land.

Read the full story, here.