Morgan v. Daxon

2001 OK 104, 49 P.3d 687, 2001 WL 1533355

• Court: Supreme Court of Oklahoma
• Decided: December 4, 2001
• Docket: 96613
• Status: Published

Opinions

ORDER

11 Original jurisdiction is assumed. We find that the petitioners have standing to bring the tendered issue. Hendrick v. Walters, 1998 OK 162, 15, 865 P.2d 1282, 1286-1237. The challenged bill contains more than one subject and is therefore unconstitutional under the provisions of Const. art. V, §§ 56 and 57 of the Constitution of the State of Oklahoma. Campbell v. White, 1993 OK 89, 11 20, 856 P.2d 255, 268.

12 The "Motion to Intervene as Respondent," filed by Stratton Taylor, President Pro Tempore of the Oklahoma State Senate, is granted. The Intervenor's request that the Court continue this case is denied.

3 Let writ of prohibition issue prohibiting the respondents from releasing any funds to state agencies pursuant to House Bill 1570 as passed by the 48th Oklahoma Legislature.

{4 DONE BY ORDER OF THE SUPREME COURT THIS 4TH DAY OF DECEMBER, 2001.

15 CONCUR: HARGRAVE, C.J., WATT, V.C.J., HODGES, OPALA (BY SEPARATE WRITING), BOUDREAU, WINCHESTER, JJ.

T6 CONCURS IN PART; DISSENTS IN PART: KAUGER (BY SEPARATE WRITING), J.

T7 DISSENT: LAVENDER, (JOINS SUMMERS, J.), SUMMERS (BY SEPARATE WRITING), JJ.