Stitt wants anti-abortion justices on state high court

Staff Writer ccasteel@oklahoman.com

Kevin Stitt, a Republican running for governor, vowed this week to appoint justices to the Oklahoma Supreme Court who share his views against abortion.

“We don’t even have a pro-life Oklahoma Supreme Court,” Stitt said at a forum sponsored by the Beckham County Republican Party and aired on KWEY radio in Weatherford.

“So as governor, I will make sure we get pro-life justices on the Oklahoma Supreme Court and then I’ll sign every piece of (pro-life) legislation that hits my desk.”

All the major Republican candidates for governor have taken strong stances against abortion, with Yukon pastor Dan Fisher calling for the immediate abolition of all abortions.

Stitt was the first to say he would have a litmus test for Supreme Court justices, who are appointed by the governor from a pool screened by the state judicial nominating commission.

Oklahoma Auditor and Inspector Gary Jones, also running for the GOP gubernatorial nomination, followed Stitt’s response at the Beckham County forum by saying, “Same, I’ll do that.”

Jones noted that abortion laws were ultimately in the purview of the U.S. Supreme Court but said, “We need to make sure all our (judicial) appointments reflect our own views and the views of Oklahomans, which are pro-life.”

In the past few years, the Oklahoma Supreme Court has struck down abortion restrictions approved by the Oklahoma Legislature, including one that would have required a woman seeking an abortion to undergo an ultrasound exam and have it explained to her.

The state high court also struck down a law restricting drug-induced abortions.

In both cases, the U.S. Supreme Court effectively upheld the state court’s rulings.

Under the Oklahoma Constitution, the state judicial nominating commission screens potential state Supreme Court justices and presents three candidates to the governor. If the governor does not select one, the state’s chief justice must do so.

According to the Judicial Nominating Commission’s Web page, “The JNC was designed to be as free from partisan influence as possible.”

Michael McNutt, spokesman for Gov. Mary Fallin, said Friday, “The governor is mindful of the limitations that are set in the judicial canons disallowing pledges, promises or commitments from candidates for appointment that are ‘inconsistent with the impartial performance of the adjudicative duties of the office.’

“Therefore, the governor does not ask for any views on any issues except the effective administration of justice for the people of Oklahoma.”

Ryan Kiesel, executive director of the ACLU of Oklahoma, said Stitt’s comments reflect “a significant departure” from the way recent governors from both parties approached the task of selecting judges and justices.

Given all the abortion rulings from the U.S. Supreme Court and the Oklahoma Supreme Court, Stitt’s position is that “he wants to ignore the Oklahoma Constitution and the Constitution of the United States,” Kiesel said.

Donelle Harder, Stitt’s spokesperson, said Stitt is trying to foster the same discussion in Oklahoma that exists nationally about the majority party’s influence on the judiciary.

“Kevin believes we need to have a healthy debate on how to give elected officials more say in who is appointed to the state Supreme Court,” she said.

Kiesel said the state’s system of picking judges isn’t perfect but is better than the “the hyper-partisan judicial process” in Washington, D.C.