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Richard Darby

Non-Partisan | Oklahoma

Candidate Profile

Richard Darby — Supreme Court (retention of Darby) (Oklahoma General | November 3, 2020)
Supreme Court (retention), District 9 Oklahoma General & Special General SD 17 | November 3, 2026
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Moderate

BIOGRAPHY

EDUCATION

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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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SCORECARDS

CONSERVATIVE ORGANIZATIONS


LIBERAL ORGANIZATIONS

OTHER INFORMATION

Recent Abortion-related opinions:

1. Oklahoma Call for Reproductive Justice v. Drummond (2023 OK 24)

In Drummond (March 2023), Justice Darby dissented when the Oklahoma Supreme Court recognized a limited state constitutional right to abortion when necessary to save the mother’s life. He argued that the Constitution did not support the Court’s decision and that existing law allowed reasonable regulation of abortion. This ruling became the precedent at issue in the two later cases.

2. Oklahoma Call for Reproductive Justice v. Oklahoma (2023 OK 60)

In Oklahoma (May 2023), the Court struck down two abortion laws based on its earlier ruling in Drummond. Justice Darby specially concurred, agreeing with the result because the earlier decision controlled the case. However, he stated that he would dissent if the issue were new, reaffirming his disagreement with the Court’s recognition of a constitutional right to abortion.

3. Oklahoma Call for Reproductive Justice v. Drummond (2023 OK 111)

In Drummond (November 2023), Justice Darby dissented from a decision blocking three laws regulating abortion while the case continued. He argued that the lower court had correctly applied existing law before the Court recognized a constitutional right to abortion. He also criticized the majority’s use of earlier abortion cases and its interpretation of the March Drummond ruling.

Relating to Church-Autonomy:

In Oklahoma Annual Conference of the United Methodist Church v. Timmons (2023), in which Justice Darby concurred, the Oklahoma Supreme Court held that a dispute over a church’s attempt to leave the United Methodist Church was an internal religious matter that courts could not decide. The Court held that the church autonomy doctrine prevented the district court from hearing the case and ordered it dismissed. 

Relating to LGBTQ & Sex Designation:

In Ritter v. State (2022), Chief Justice Darby joined the majority in holding that a law limiting when public schools could require masks was unconstitutional in part. The law required the Governor to declare a state of emergency before schools could require masks. The Court ruled that this gave the Governor too much control over local school boards. Darby did not write a separate opinion.

QUESTIONNAIRE

RIGHT TO LIFE

Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain. (Holding: In Dobbs, the U.S. Supreme Court held that the federal constitution does not confer a right to abortion.)

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Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).

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Human life deserves legal protection from conception until natural death.

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How do you view the judiciary’s role in matters of abortion regulation following Dobbs?

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RELIGIOUS LIBERTY

Do you believe religious liberty is at risk in the United States. If so, what is the judiciary's proper role in addressing this issue?

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Does the Establishment Clause of the First Amendment require government to be strictly secular or does it allow for the nation's religious heritage?

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Was Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held tha the state may not show religious hostility when enforcing anti-discrimination laws against a business owner.)

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VALUES

Briefly describe your spiritual beliefs and values.

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What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?

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Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.

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ABOUT YOU

Have you ever been convicted of a felony? If so, please explain.

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Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.

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I voted in these primaries and general elections:

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JUDICIAL PHILOSOPHY

Describe your judicial philosophy.

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Do you believe judges should primarily apply the law according to its original public meaning, or do you believe the law evolves over time to reflect contemporary values?

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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?

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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held Due Process and Equal Protection Clauses create a right for same-sex couples to marry.)

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A. How should a judge approach a case where the constitutional or statutory text is clear on its face? B. Conversely, how should a judge proceed when the text is ambiguous or silent on a disputed issue?

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What is your view of judicial restraint versus judicial activism? How do you define each?

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What is the proper role of a judge?

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When applying or interpreting the text of a statute or constitutional provision, is it ever proper for a judge to consider present day public opinion or consequences?

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If precedent departs from the Constitution’s text or original meaning, should a judge follow it or correct the error? Please explain.

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2ND AMENDMENT

What is your understanding of the Second Amendment’s right to keep and bear arms?

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OTHER IMPORTANT ISSUES

Which branch of government do you believe was intended to wield the most authority?

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