Weddington v. Henry

Citation202 P.3d 143,2008 OK 102
Decision Date24 November 2008
Docket NumberNo. 106,330.,106,330.
PartiesBen A. WEDDINGTON, Jerry Balentine, and Johnathan Reiff, Petitioners, v. Brad HENRY, Governor of the State of Oklahoma, et al., Respondents.
CourtSupreme Court of Oklahoma
ORDER

The legislation challenged in this original proceeding, identified as Senate Bill 1708, passed by the 51st Legislature, second session on May 23, 2008, and signed into law by the Governor on June 3, 2008, is facially contrary to the Oklahoma Constitution, Article V, Section 57. The entire measure is declared unconstitutional and void. Fent v. State ex rel. Office of State Finance, 2008 OK 2, 184 P.3d 467.

                /s/ James E. Edmondson
                VICE CHIEF JUSTICE
                

EDMONDSON, V.C.J., KAUGER, WATT, COLBERT, REIF, JJ., concur.

OPALA, J., with whom WINCHESTER, C.J., HARGRAVE, TAYLOR, JJ. join, dissenting:

"I concede that the legislation sought to be invalidated is unconstitutional in part but not in toto."

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4 cases
  • Douglas v. Cox Ret. Props., Inc.
    • United States
    • Oklahoma Supreme Court
    • June 4, 2013
    ...drafting of a broad topic” defeats the purpose of the single-subject rule. Id. We reaffirmed such an approach in Weddington v. Henry, 2008 OK 102, 202 P.3d 143, where we struck down a bill whose subject was “uniform laws.” In Fent v. State ex rel. Okla. Capitol Improvement Auth., 2009 OK 15......
  • Fent v. State ex rel. Ocia
    • United States
    • Oklahoma Supreme Court
    • March 24, 2009
    ...are not dispositive of this cause.22 ¶ 18 Our recent cases in which we addressed multi-subject legislation provide guidance. In Weddington v. Henry, 2008 OK 102, ¶ 1, 202 P.3d 143, we struck down a nearly 300 page statute which provided for amendments, modifications, and adoptions of variou......
  • Nova Health Systems v. Edmondson, 2010 OK 21 (Okla. 3/2/2010)
    • United States
    • Oklahoma Supreme Court
    • March 2, 2010
    ...Daxon, 2001 OK 104, ¶ 1, 49 P.3d 687; In re Initiative Petition No. 382, State Question No. 729, 2006 OK 45, ¶ 18, 142 P.3d 400; Weddington v. Henry, 2008 OK 102, ¶ 1, 202 P.3d 143; Fent v. State ex rel. Office of State Finance, 2008 OK 2, ¶ 30, 184 P.3d 467; and Fent v. State of Oklahoma e......
  • Southlake Equip. Co. v. Gravel
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • September 6, 2013
    ...date amended to January 1, 2010, by Laws 2008, SB 1708, c. 382, § 315; Laws 2008, c. 382 held unconstitutional by Weddington v. Henry, 2008 OK 102, 202 P.3d 143). 2. Debtor's voting interest will be discussed ...
1 books & journal articles
  • The Uniform and Model Act Lineage of Nebraska's Business Associations Statutes
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 89, 2021
    • Invalid date
    ...a violation of Oklahoma's constitutional provision mandating that legislative acts embrace only a single subject. See Weddington v. Henry, 202 P.3d 143 (Okla. 23. Nebraska Uniform Limited Partnership Act, 1989 Neb. Laws 1548 (codified as amended at Neb. Rev. Stat. §§67-233 to -296 (Reissue ......

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