Dustin P. Rowe
Non-Partisan | Oklahoma
Candidate Profile
Originalist (Conditional)
BIOGRAPHY
Name
Dustin P. Rowe
Party
Non-Partisan
Election Year
2022
Election
General
Race
Supreme Court (retention)
Incumbent
Yes
Links
EDUCATION
Candidate did not provide
WORK & MILITARY
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AFFILIATIONS
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POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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ENDORSEMENTS
CONSERVATIVE (1)
Judge Voter Guide
SELECTED CONTRIBUTIONS
CONSERVATIVE
GIVEN BY CANDIDATE (8)
Charles McCall (2018)
David Bullard (2018)
James Lankford (2014)
Leadership and Accountability are National Keys (2015)
Matt Pinnell (2017)
RECEIVED BY CANDIDATE (3)
Charles McCall (2013)
Frank Simpson (2013)
Tom Dugger (2013)
OTHER INFORMATION
Justice Rowe concurred in majority in Treat v. Stitt (2020). The governor does not have the authority to enter into the gaming compact that bound the State, thus declaratory relief was granted. The state legislature after vote of the people enacted the State-Tribal Gaming Act which allows the governor to make such an agreement but he or she is bound by the terms of the Act. The terms specifically prohibited the type of gaming included in the compact; thus, the court found the governor acted outside his authority and the compact is invalid. Notes: good conclusion finding the governor overstepped his authority; however court does not include language from gaming act or relevant statutes.
Justice Rowe joined a unanimous Oklahoma Supreme Court in Greenwood Centre v. Nightingale (2020), in which the petitioners asked the Court to require social distancing at a Trump rally. The Court majority wrote, “for a lack of any mandatory language in the OURS [Open Up and Recover Safely] Plan, we are compelled to deny the relief requested.” Justice Rowe added, “It is not the duty of this Court to fashion rules or regulations where none exist, simply to achieve a desired outcome.”
Justice Rowe wrote a dissent in In re: State Question No. 807, Initiative Petition No. 423 (2020). The Court majority wrote, “The petition [Initiative Petition No. 423] seeks to create a new article to the Oklahoma Constitution, Article 31, for the purpose of legalizing, regulating, and taxing the use of marijuana by Oklahoma adults…we hold Petitioner has not met his burden to show clear or manifest facial constitutional infirmities because he has not shown State Question No. 807 is preempted by federal law. On the grounds alleged, the petition is legally sufficient for submission to the people of Oklahoma.” Justice Rowe responded, “SQ 807’s proposed constitutional amendments clearly present a substantial obstacle to Congress's objectives expressed in the CSA to control the production, sale, and use of controlled substances. Therefore, SQ 807 is preempted by federal law.”
Judge Voter Guide gave Justice Rowe gave him 4 stars and voted to retain him.
QUESTIONNAIRE
JUDICIAL PHILOSOPHY
Justices should not interpret the federal and state constitutions as living documents, but should use a textualist and originalist approach to interpretation.
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What is the proper use of legislative history in interpreting statutory law?
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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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How should a court address the balance between public health and individual freedoms in the time of a pandemic?
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In light of the case Bostock v. Clayton County, in which the U.S. Supreme Court interpreted the 1964 Civil Rights Act to include a prohibition on sexual-orientation discrimination, which justice’s opinion most closely aligns with your own opinion?
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What role (if any) does a judge have in maintaining the separation of church and state?
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Religious liberty is at risk in the United States and deserves the highest level of protection in the law.
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When should a judge overturn past court decisions?
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How should a judge determine which rights are protected by the Constitution even though they are not specifically mentioned?
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What legal principles should a court consider when evaluating parents’ objection to their child obtaining medical procedures or drugs designed to affirm the child’s desired gender?
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What principles should guide a court’s analysis of whether your state’s constitution gives terminally ill patients a right to assisted suicide?
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Would you describe your judicial philosophy as originalist, living constitutionalist, or something else?
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ABOUT YOU
Have you ever been convicted of a felony or been penalized in either civil or criminal court for sexual misconduct? If so, please explain.
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What education or experience qualifies you to hold the office for which you seek election?
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Why should the voters choose you?
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I voted in these primaries and general elections:
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VALUES
I agree with Critical Race Theory (CRT) which asserts that the institutions in the United States are fundamentally racist.
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Judeo-Christian values established a framework of morality that is necessary for our system of limited government.
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Briefly describe your spiritual beliefs and values.
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What types of pro bono work have you done?
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