The lawsuit alleges the new workers comp commission violates the state constitution’s separation of powers; that the law discriminates against certain classes of workers; and that it excludes certain injuries and conditions from compensation. It also invokes the state constitution’s ‘single subject’ provision. The suit names Gov. Mary Fallin, who signed the bill and Attorney General Scott Pruitt as defendants.
Fallin said she was disappointed by the legal challenge. “For decades, Oklahoma has one of the most expensive and inefficient workers compensation systems in the country, a constant obstacle for business owners looking to expand operations or create jobs,” Fallin said. Oral arguments are set for October 16.
This suit is just a continuation of recent challenges to conservative legislation. Lawmakers just concluded an unnecessary special session to address lawsuit reform after the Oklahoma Supreme Court found that a measure passed in 2009 was unconstitutional because is supposedly violated the ‘single subject’ rule. Judicial activism is alive and well in the Sooner state.
It’s time lawmakers placed a state question on the ballot to return the selection of all Oklahoma state civil, criminal and supreme court justices to a direct vote of the people. Justices should have to run on a partisan ballot. Party affiliation is your first vote and voters should know if they are voting for a liberal or a conservative.