Oklahoma Corrections Professional Ass'n v. Jackson, 280 P.3d 959

Oklahoma amended §34.70(B)(5) to require 2,000 dues-paying state employees for voluntary payroll deductions; prior law set 1,000.
Corrections Association, with ~1,900 members, sued to block termination of deductions and preserve status quo.
Federal district court dismissed federal claims for lack of standing and declined supplemental state claims.
The Tenth Circuit certified questions to Oklahoma, asking severability of the 2,000-member requirement under OK law.
Oklahoma Supreme Court held the 2,000-member date is severable if unconstitutional, leaving the rest of the statute intact.
If severed, the remainder would still authorize voluntary payroll deductions for associations and related purposes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can the numerosity requirement be severed under Oklahoma law?	Corrections Association.	Jackson/Administrator.	Yes, severable under 75 O.S.2011 § 11a.
Would severance restore the prior 1,000-member threshold or eliminate the language entirely?	Advisory depends on severance.	Statute would be rewritten if severed.	Advisory only; the issue largely moot.
Does severance alter the statute’s primary purpose or its operational meaning?	Severance preserves express payroll deductions.	Removal changes legislative design.	The balance can stand; severed provision not essential.

Leavitt v. Jane, 518 U.S. 137 (1996) (standard severability framework from federal constitution)
In re Harris, 49 P.3d 710 (Okla. 2002) (procedural guidance on factual bounds of certification)
Liddell v. Heavner, 180 P.3d 1191 (Okla. 2008) (state constitutional due process discussions)
Conaghan v. Riverfield Country Day School, 163 P.3d 557 (Okla. 2007) (severability and statutory interpretation principles)
Wilson v. Fallin, 262 P.3d 741 (Okla. 2011) (constitutional questions in Oklahoma Supreme Court context)