HUNSUCKER v. FALLIN
464 P.3d 135
| Okla. | 2017Background
- Petitioners (Hunsucker and others) challenged constitutionality of the 2017 Impaired Driving Elimination Act 2 (S.B. No. 643).
- The Act was set to take effect November 1, 2017; petitioners sought relief before that date.
- The Oklahoma Supreme Court exercised original jurisdiction to consider emergency relief pending full adjudication.
- The Court determined a short timeframe existed between oral argument and the Act’s effective date, warranting interim relief.
- The Court issued an order staying the Act’s effective date and enforcement during the present litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court may issue temporary relief pending litigation | Hunsucker: Court has authority to grant temporary stay to protect rights before Act takes effect | Respondents: (implicit) Act should take effect as scheduled; stay unnecessary | Court assumed original jurisdiction and granted a temporary stay |
| Whether S.B. No. 643 should take effect Nov. 1, 2017 | Petitioners: Enforcement would cause irreparable harm before merits resolved | Respondents: Act’s effective date should not be enjoined absent definitive ruling | Court stayed the Act’s effective date and enforcement during litigation |
| Scope of the stay | Petitioners: Stay should cover all provisions and enforcement | Respondents: (implicit) Any stay should be limited | Court stayed all provisions and barred enforcement until further order |
| Standard for interim relief in short timeframe | Petitioners: Judicial discretion supports temporary relief with opinion to follow | Respondents: (implicit) standard not met here | Court relied on prior decisions recognizing discretion to grant temporary relief in short timelines |
Key Cases Cited
- Southwestern Bell Telephone Co. v. Oklahoma Corporation Commission, 897 P.2d 1116 (1994 OK 142) (recognizing Court’s discretion to grant temporary relief pending resolution when brief interval exists between argument and an event affecting the dispute)
- In re Initiative Petition No. 314, 625 P.2d 595 (1980 OK 174) (same principle on issuing interim relief with opinion to follow)