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RITTER v. STATE

No. 119,840.

520 P.3d 370 (2022)

2022 OK 73

Dr. Valerie RITTER, for herself as an Individual and for and on behalf of her Minor Children RR and ER; Kimberly Butler, for herself as an individual and For and on behalf of her Minor Child HB; Dr. Britney Else, for herself as an Individual and for and on behalf of her Minor Child BJ; and the Oklahoma State Medical Association, an Oklahoma Not For Profit Corporation, Plaintiffs/Appellees, v. The STATE of Oklahoma; and the Honorable Kevin Stitt in his official capacity as Governor of Oklahoma, Defendants/Appellants.

Supreme Court of Oklahoma.

Rehearing Denied November 14, 2022.

Attorney(s) appearing for the Case

Robert A. Nance , Chad C. Taylor , Oklahoma City, Oklahoma, Donald M. Bingham , Sharon K. Weaver , Tulsa, Oklahoma, for Plaintiffs/Appellees.

Bryan Cleveland , Mithun Mansinghani , Office of the Attorney General, State of Oklahoma, Oklahoma City, Oklahoma, for Defendants/Appellants.

Hilary H. Clifton , Oklahoma City, Oklahoma, Jesse L. Marks , Denver, Colorado, for American Academy of Pediatrics, and the Oklahoma Chapter of American Academy of Pediatrics, Amicus Curiae.

Jeffrey B. Dubner , Jessica Anne Morton , Democracy Forward Foundation, Washington, D.C., for American Academy of Pediatrics, Amicus Curiae.

Nick Southerland , Brian S. Wilerson , Tulsa, Oklahoma, for Oklahoma Disability Law Center, Amicus Curiae.

¶1 The determinative question presented is whether Senate Bill 658, codified as 70 O.S. Supp. 2021 Ch. 15, §§ 1210-189 and 190, is an unconstitutional restriction of the ability of public schools to exercise local control of the health and welfare of students.1 We hold that 70 O.S. Supp. 2021...

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