Business Courts Constitutionality Challenged at Oklahoma Supreme Court

July 1, 2025 | Shortly after Oklahoma enacted its new business courts, opponents filed suit asking the state Supreme Court to declare the law unconstitutional. The June 26 application urges the Court to assume original jurisdiction and invalidate the new courts on two grounds.

First, the petitioners argue that allowing the Governor to appoint business court judges without involving the Judicial Nominating Commission violates the Oklahoma Constitution. Second, they contend the statute’s $1,565 filing fee creates an unconstitutional barrier to court access.

Set to take effect September 1, 2025, the business courts would have jurisdiction over a broad range of commercial disputes statewide. Proponents say the new courts will streamline complex litigation and make Oklahoma more business friendly. Opponents warn the courts could siphon thousands of cases from district courts across all 77 counties, disrupting the broader judicial system.

The attorneys seek both a temporary injunction to halt business court judicial appointments and a permanent injunction barring enforcement of any part of the new law. They argue the case is urgent, explaining that preparations to lease court space and hire staff begin soon.

The Oklahoma Supreme Court responded quickly, expediting the deadline for response briefs and setting oral argument for July 15, 2025.