Gov. Kevin Stitt (R-OK) is fighting an uphill battle to tank President Joe Biden's nomination of former Cherokee Nation Attorney General Sara Hill to the federal bench despite Oklahoma's two Republican senators' support for her.
Stitt has voiced opposition to the nomination of Hill to the U.S. District Court for the Northern District of Oklahoma, where she would become the first Native American woman to serve as a federal judge in the state's history. Although the governor is Cherokee himself, he said he has "serious concerns" about the president's selection of her for a life tenure position at the federal court.
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"Why would President Biden nominate someone to the federal bench who has little, if any, experience as lead counsel in federal litigation? Furthermore, is the best choice an attorney general of a tribal government who has spent a great deal of time and resources actively suing the State of Oklahoma in an effort to overturn 116 years of Statehood and working to strip the state of our authority to enforce laws?" Stitt said in a statement.
A confirmation vote for Hill is scheduled in the full Senate for Tuesday afternoon, and she is expected to be confirmed due to her having the backing of home-state Sens. Markwayne Mullin (R-OK) and James Lankford (R-OK). GOP lawmakers on the Senate Judiciary Committee have said the pair's support would be a deciding factor in their vote.
Stitt contends Hill's nomination raises questions as to whether her appointment is based on her qualification or on a broader Biden administration agenda to make half of Oklahoma into a series of federally managed reservations.
The governor's concerns reference a 2020 Supreme Court decision in McGirt v. Oklahoma that held that reservations in the eastern part of the state were never disestablished for the purposes of prosecuting major crimes. Meanwhile, a case is pending at the Oklahoma Supreme Court concerning the payment of income taxes by tribal members in the state.
On June 8, 2022, Hill spoke at the Criminal Law Panel at the Sovereignty Symposium in Oklahoma City, during which she stated Oklahoma has "exerted jurisdiction where it had no jurisdiction in Indian Country."
"We never want our reservations to be a part of any state. If this is to be our homeland, from now until forever, then we never want to go through that experience again," Hill said at the time.
Hill also wrote an amicus brief that advocated the Supreme Court's decision in McGirt that Stitt contends has plagued Oklahoma's criminal justice system ever since.
"We already know where she stands on important questions facing our state as to who has jurisdiction to write speeding tickets and whether members of her tribe should be exempt from paying taxes that fund schools and roads," Stitt argued.
Stitt has long been at odds with Oklahoma's tribes over other matters, including compacts governing tribal gaming. Former state Attorney General John O'Connor filed dozens of petitions to the Supreme Court in 2022 seeking to reverse the decision in McGirt, all of which were denied.
In 2022, the Supreme Court revisited an Oklahoma dispute with Indian Country that resolved at least part of a matter Stitt argued was impeding law enforcement in the state. The case surrounded Victor Manuel Castro-Huerta and resulted in a ruling that allowed Oklahoma to prosecute non-American Indians who commit crimes against Native American tribal members on Indian Country land.
Close allies of Stitt in the state have also spoken out against Hill's nomination.
One of his Cabinet secretaries, Blayne Arthur, the Oklahoma secretary of agriculture, sent a letter to senators, which was obtained by the Washington Examiner, urging them to reconsider their support of Hill.
"I believe that Ms. Hill is extremely competent and well educated, but I have concerns that her previous tenure in tribal government may make it difficult for her to use clear judgment on agriculture related issues that are brought before her," Arthur said in the letter.
The Oklahoma Republican Party, whose Chairman Nathan Dahm unsuccessfully ran for Senate against Mullin, urged its members in late November to call senators and voice their opposition to Hill. The Oklahoma Second Amendment Association, a Republican grassroots group in the state, also told its members to call Lankford and Mullin and tell them to "vote no" on Hill's nomination.
But Lankford and Mullin have come out strongly in favor of Hill, and with their support, she is likely to be confirmed, given the Democrats' narrow majority in the Senate.
In addition to the state's two senators, Hill's nomination is also supported by Republican Oklahoma Attorney General Gentner Drummond.
"As attorney general for the Cherokee Nation, Ms. Hill played a key role in navigating the abrupt change in criminal jurisdiction post-McGirt. In addition to working closely with local law enforcement, Ms. Hill directed increased resources to respond to the surge in new tribal prosecutions," Drummond told the Washington Examiner.
Hill earned a law degree in 2003 from the University of Tulsa and holds a bachelor's degree from Northeastern State University. From 2014 to 2015, she served as special assistant U.S. attorney for the Northern District of Oklahoma.
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Drummond maintains he is "fully confident" in his support of Hill, from her education and background to her years in public service while employed by the Cherokee Nation.
Her "formidable skills and expertise in matters of federal Indian law ... are relevant to the many pending and future matters before the Northern District, and most importantly, her dedication to public service in Oklahoma," Drummond added.