PACK v. STATE

2014 OK 66, 330 P.3d 1216, 2014 WL 3437783, 2014 Okla. LEXIS 90

Opinion

MEMORANDUM OPINION

PER CURIAM:

11 Having considered the application to assume original jurisdiction, petition for a writ, and request for declaratory relief along with the response thereto, the associated briefs of the parties, and all amici and other filings in the cause, THE COURT DETERMINES THAT:

1) We have jurisdiction over the parties and the subject matter and the issues are ripe for adjudication. Furthermore, the immediacy with which the school year will commence makes this an appropriate matter for the assumption of original jurisdiction. Oklahoma Farm Bureau v. State Bd. of Educ., 1968 OK 98, 444 P.2d 182.

2) HB 8399 does not violate art. 18, § 5 or art. 4, § 1 of the Oklahoma Constitution.

3) Having found HB 83399 constitutional, there is no need to address the issue of severability.

12 Original jurisdiction is assumed; HB 3399 is not unconstitutional under either art. 13, § 5 or art. 4, § 1 of the Oklahoma Constitution; and it is unnecessary to address the issue of severability.

COLBERT, C.J., REIF, V.C.J., KAUGER, WATT, WINCHESTER, EDMONDSON, TAYLOR, COMBS, JJ., concur. GURICH, J., concurs in part and dissents in part.