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Race to Watch: Retention of Supreme Court Justices in Oklahoma

Oklahoma State Capitol
The dome of the Oklahoma State Capitol is seen from the inside of the building in Oklahoma City, Oklahoma. Photo: Serge Melki (CC BY 2.0)

Oklahoma's largest tribes are urging voters to retain three members of the Oklahoma Supreme Court who they believe are under attack because of their record in Indian law cases.

The Cherokee Nation, the Chickasaw Nation, the Choctaw Nation, the Muscogee Nation and the Seminole Nation are supporting the retention of Oklahoma Supreme Court Justices James E. Edmondson, Noma D. Gurich and Yvonne Kauger. All three jurists have been criticized by conservative interests for their supposed "liberal" views despite all being seated with the work of the Judicial Nominating Commission, a non-partisan state body that determines whether nominees are qualified to sit on the bench.

But tribal leaders say it is no coincidence that the judges in question have voted in support of tribal sovereignty in cases that have come before the Oklahoma Supreme Court. They also note that removing Kurich, Kauger and Edmondson from the bench will allow Gov. Kevin Stitt, a Republican and frequent foe of tribal sovereignty, to choose their replacements.

“Elections have consequences. When I cast my ballot in the upcoming election, I’ll be voting to retain Justices Kauger, Gurich, and Edmondson on the Oklahoma State Supreme Court as I believe a 'yes' vote on retaining these justices is also a vote in favor of tribal sovereignty,” Choctaw Nation Chief Gary Batton said on October 16, 2024.

Stitt, who is a citizen of the Cherokee Nation, has already appointed three justices to the Oklahoma Supreme Court. A conservative group known as the Oklahoma Council of Public Affairs happens to give them the highest "scores" for their votes on a select number of cases.

However, M. John Kane IV, Dana Kuehn and Dustin P. Rowe are not on the 2024 judicial retention ballot in Oklahoma, each having been nominated by Stitt during his first term in office. Only the targeted justices are on the ballot, and all have survived prior retention votes.

“The State Supreme Court justices on the ballot this year have served honorably and fairly to uphold Oklahoma’s constitution and laws. Like a majority of Oklahomans, the justices recognize that our state does best when it respects the sovereign rights of tribal governments and works collaboratively with tribes for our shared prosperity,” Cherokee Nation Chief Chuck Hoskin Jr. said on October 16, 2024.

Oklahoma election results are available on oklahoma.gov. Polls close at 7pm local time. Unofficial results will be available starting after 7pm.

Choctaw Nation

As tribal nations, we know the importance of maintaining a fair and balanced court. Let's protect tribal sovereignty by supporting the retention of Justices Noma Gurich, Yvonne Kauger, and James Edmondson on the Oklahoma Supreme Court.

Gary Batton

If these judges are not retained, the well-known, anti-tribal sovereignty policies of the current Governor’s administration could long outlast his final term.

Kevin Stitt Headlines

Anyone wondering why Governor Stitt is targeting Oklahoma Supreme Court Justices Kauger, Gurich and Edmondson?

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