The U.S. Supreme Court’s so-called shadow docket is having a heyday. That might not be great for Oklahoma.
The high court’s normal procedure is to decide cases after exhaustive reviews of trial court records, extensive briefs, and oral arguments. The considered decision is accompanied by opinions, some of which will be cited for a century or more.
Not so on the shadow docket. The justices make quick(er) decisions on the rules of engagement while disagreements are still being litigated in lower courts. Asking for emergency decisions has been especially popular among conservatives who hope a right-leaning court appointed largely by a Republican president will tip the scales in their favor.
That backfired this month when Oklahoma sought an emergency decision that would allow it to keep a few million federal dollars while the lawyers argued about whether the state was required to provide women information about abortion under the rules that came with the grant.
The same court that overturned Roe v. Wade ruled Oklahoma couldn’t have the money if it didn’t want to follow the rules, so the state will do without until the broader question is litigated.
The shadow docket’s most popular topic is air pollution. Oklahoma led the charge in challenging several regulations the Environmental Protection Agency published in May, including a rule requiring power plants to lower greenhouse gas emissions by up to 90% through carbon-capture technologies.
Critics said there’s no emergency; the rules don’t take effect for years. Oklahoma has two years to develop its own plan for methane emissions before it must comply with the EPA plan.
Attorney General Gentner Drummond said the state has no chance to comply, so there’s no reason to wait.
“I don’t need to wait until May of 2026 to say, ‘Oh, by the way, it’s an emergency,’” he said. “I know it now, and that’s why we’re proceeding as aggressively as we can.”
The Justice Department said the rules should be left to the experts.
“Whether the capture rate should be 90% or some other percentage, and how long it takes to install carbon-capture facilities, are the types of technical and scientific issues that Congress entrusted to the expert agency,” Solicitor General Elizabeth Prelogar said in a Supreme Court brief. “A court should not second-guess EPA’s record-based judgment on those points—and certainly not in an emergency posture.”
Wall Street Journal reporter Jess Bravin published a more thorough explanation of the emergency appeals tsunami. You can read it here.
More worth reading:
Blumert to Lead MHAOK
Oklahoma County Commissioner Carrie Blumert was named the new chief executive officer for Mental Health Association Oklahoma. Blumert replaces Terri White, the former Secretary of Health and head of the Oklahoma Department of Mental Health and Substance Abuse Services. Blumert has a Master of Public Health from the University of Oklahoma and a Bachelor of Science in Child and Family Services from Oklahoma State University. A press release from MHAOK said Blumert will start Oct. 1 and will relocate to Tulsa at year’s end.
Crude Stockpiles Fall to One-Year Low
U.S. crude oil inventories fell to their lowest levels since September 2023 as imports dropped, while gasoline stockpiles rose with the end of the summer driving season, the Energy Information Administration said. [Reuters]
Judge Wants Answer in Boismier Case
A federal judge is giving state schools Superintendent Ryan Walters and members of the State Board of Education until Thursday to explain why they revoked the license of a former Norman teacher in August. [The Oklahoman]
Millions for Native Languages
The U.S. Department of Education will give more than $11 million in grants to support the recruitment and retention of bilingual and multilingual educators and provide high-quality programming to Native students to strengthen and revitalize Native American languages. The department also announced $3.7 million in grants for Native American Language projects, including $400,000 to the Cherokee Nation and $214,138 to Epic Charter Schools. [Native News Online]
Canoo Moving Engineers to Oklahoma
Financially troubled electric vehicle startup Canoo has announced plans to move engineers to Oklahoma. In its second-quarter financial report, it said it expects its adjusted earnings to be between negative $120 million and negative $140 million in the second half of 2024. It added that risks and uncertainties could impede its ability to access capital, which could impact the execution of its business plans and potentially terminate or significantly curtail its operations. [Tulsa World]
CLO Distributes Record Funding
The Commissioners of the Land Office distributed a record-breaking $145.1 million to K-12 schools and 13 higher education beneficiaries in fiscal year 2024, a 12% increase from FY 2023. [The Journal Record]
Alice Brown Davis, the first female Principal Chief of the Seminole Tribe of Oklahoma (1922-35), was born on this day in Park Hill, Indian Territory, in 1852.
Ciao for now,
Ted Streuli
Executive Director, Oklahoma Watch
tstreuli@oklahomawatch.org
Help Us Make a Difference
Oklahoma needs high-quality investigative journalism. That is our mission at Oklahoma Watch. We produce stories that hold government and public officials accountable and that make transparent what some prefer to keep secret. We depend on financial support from readers like you to sustain our coverage. Will you help us make a difference?
Republish our articles for free, online or in print, under a Creative Commons license.
