“The Oklahoma House of Representatives passed a bill Thursday that would allow the state to put the brakes on the power of President Joe Biden’s executive orders there.
HB 1236 would allow the Oklahoma state legislature to review each executive order and determine if the order should be given to the Oklahoma attorney general, who would determine if it is allowed under the U.S. Constitution.
If the attorney general deemed an executive order unconstitutional, the bill seems to indicate the attorney general could sue for a court order invalidating the executive order.
If the attorney general decides not to take action on an order, the legislature could conduct a majority vote declaring it unconstitutional.
If the legislature invokes its option to declare an executive order unconstitutional, the statute is unclear whether the Oklahoma government would file suit or the state would ignore the order inside the state, leaving it to the federal government to enforce or try to take it to court.
The bill states:
Notwithstanding any other provision of law, the state, county, political subdivision or any other publicly funded organization shall not implement any action that restricts a person’s rights or that the Office of the Attorney General or the Legislature by a majority vote determines to be unconstitutional.”
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