Oklahoma American Indian Arts and Crafts Sales Act of 1974 Struck Down [definition of “Indian” more restrictive than federal law]

Here are the materials in Fontenot v. Hunter (W.D. Okla.):

1 Complaint

33 Ps Motion for Summary Judgment

35 Oklahoma Motion for Summary Judgment

39 Ps Response

41 State Response

42 State Reply

43 Ps Reply

47 DCT Order

An excerpt:

Although the Court rejects Plaintiff’s challenges under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as those under the dormant Commerce Clause and the First Amendment, the Court finds for the foregoing reasons that Plaintiff has shown that Oklahoma’s American Indian Arts and Crafts Sales Act of 1974, as amended, Okla. Stat. tit. 78, §§ 71-75, violates the United States Constitution’s Supremacy Clause and is therefore unconstitutional, both facially and as applied to her.

 

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