Name: Federal judge rejects Gov. Stitt's request that he clarify governor's authority in tribal compact negotiations
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Federal judge rejects Gov. Stitt's request that he clarify governor's authority in tribal compact negotiations

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Randy Ellis An Oklahoma City federal judge on Monday rejected Gov. Kevin Stitt's request that he clarify the governor's authority to enter into tribal gaming compacts that Oklahoma's attorney general contends violate state law."In the Court's view, it would be inappropriate for a federal court to interfere in the resolution of such a sensitive state law matter, which implicates important concerns of sovereignty and comity that underlie many federal abstention doctrines," Chief Judge Timothy DeGiusti said in a four-page ruling.Judge DeGiusti also rejected the governor's request that he suspend mediation efforts in the tribal gaming lawsuit until the issue of the governor's authority was clarified."Any question that has arisen regarding the extent of Governor Stitt's authority with respect to tribal gaming or gaming compacts, the powers granted to him by state law, or the balance of powers within the State's internal government structure is not a matter for decision in this case," DeGiusti wrote.Judge DeGiusit's order means that it now will be up to the Oklahoma Supreme Court to decide whether Gov. Stitt exceeded his legal authority when he entered into gaming compacts with the Comanche Nation and Otoe-Missouria Tribe that sought to authorize sports betting and house-banked card and table games.Oklahoma Attorney Gen. Mike Hunter contends those games are not legal under state law and the governor exceeded his authority by attempting to bind the state to compacts approving such games.Oklahoma Senate President Pro Tem Greg Treat and House Speaker Charles McCall have asked the Oklahoma Supreme Court to rule on whether the governor exceeded his authority in signing the compacts. That case is pending.Stephen Greetham is senior counsel for the Chickasaw Nation, which is one of several tribes that filed the lawsuit against Stitt.Greetham said Monday's ruling means that Judge DeGiusti can now focus on the core issue of the case, which is whether the 15-year tribal gaming compacts automatically renewed on Jan. 1.The tribes contend they automatically renewed, while Gov. Stitt contends the compacts expired on that date. The governor has said he wants to renegotiate the agreements to get more money for the state.In Judge DeGiusti's ruling Monday, he indicated that he remains focused on the core issue of renewal."The Court is not called to decide, and will not decide, the effectiveness of any other agreement or compact that may have been made outside the structure of the State-Tribal Gaming Act," the judge stated.

Randy Ellis An Oklahoma City federal judge on Monday rejected Gov. Kevin Stitt's request that he clarify the governor's authority to enter into tribal gaming compacts that Oklahoma's attorney general contends violate state law."In the Court's view, it would be inappropriate for a federal court to interfere in the resolution of such a sensitive state law matter, which implicates important concerns of sovereignty and comity that underlie many federal abstention doctrines," Chief Judge Timothy DeGiusti said in a four-page ruling.Judge DeGiusti also rejected the governor's request that he...

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Federal judge rejects Gov. Stitt's request that he clarify governor's authority in tribal compact negotiations

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