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10th Circuit to hear case against Oklahoma residency law

September 25th, 2008 by Kathleen

Today, oral arguments will be heard in the case Yes on Term Limits v. Savage at the federal 10th Circuit Court of Appeals in Denver, Colorado. The case is a constitutional challenge to Oklahoma’s statute requiring that people who circulate a petition must be residents of Oklahoma.

The Oklahoma 3—Paul, Rick Carpenter, and Susan Johnson—are under indictment for allegedly violating Oklahoma’s residency requirement. If the residency statute is invalidated as a violation of the First Amendment rights of citizens, the prosecution of the OK-3 could not go forward.

The three-judge panel that will hear the case consists of Judges Michael W. McConnell, appointed by George W. Bush; Monroe G. McKay, a Carter appointee; and Michael R. Murphy, a Clinton appointee.

Back in July, the federal 9th Circuit Court of Appeals struck down Arizona’s residency law as unconstitutional in the case Nader v. Brewer.

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