HUNSUCKER v. FALLIN
2017 OK 84
| Okla. | 2017Background
- Petitioners (Hunsucker et al.) challenged the constitutionality of the 2017 Impaired Driving Elimination Act 2 (S.B. No. 643).
- The Act's provisions were scheduled to take effect on November 1, 2017.
- Petitioners sought relief from the Oklahoma Supreme Court to prevent the Act from taking effect while litigation proceeded.
- The Court exercised original jurisdiction for the limited purpose of issuing temporary relief pending resolution of the merits.
- The Court issued an order staying the Act: it would not take effect on November 1, 2017 and its provisions could not be enforced until further order or opinion of the Court.
- The order was issued on October 30, 2017; a majority of justices concurred, with two dissenters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should stay S.B. 643 pending litigation | Immediate stay required to protect rights and prevent enforcement of possibly unconstitutional law | The Act should take effect as scheduled; no temporary stay needed | Court granted a temporary stay of the Act and its effective date |
| Whether the Court may assume original jurisdiction to grant temporary relief | Court has discretion to grant temporary relief in short window before effective date | Original jurisdiction not appropriate for temporary stay (implied by dissent) | Court assumed original jurisdiction for the limited purpose of issuing the stay |
| Whether a temporary order without full opinion is permissible | Short-form order acceptable to protect parties pending full opinion | Immediate enforcement should not be blocked absent full adjudication | Court issued temporary order with opinion to follow |
| Scope of relief — enforcement prohibition | Stay should prevent any enforcement of Act during litigation | Enforcement should continue until final resolution | Stay barred enforcement until further order/opinion of the Court |
Key Cases Cited
- In re Initiative Petition No. 314, 625 P.2d 595 (Okl. 1980) (Court may grant temporary relief in short interval before a contested event)
- Southwestern Bell Telephone Co. v. Oklahoma Corporation Commission, 897 P.2d 1116 (Okla. 1994) (recognizes judicial discretion to issue temporary relief while merits are pending)