M. John Kane IV
Non-Partisan | Oklahoma
Candidate Profile
Originalist
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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OTHER INFORMATION
LGBTQ & Sex Designation:
In Fowler v. Stitt (2026), Chief Justice Kane joined the majority in ruling that Oklahoma law does not allow changes to the sex designation on birth certificates, including changes based on gender identity. The case involved three transgender individuals who sought to change their birth certificates. The Court interpreted state law as limiting amendments to specific situations. Kane joined the majority opinion and did not write separately.
Recent Abortion-Related Opinions:
1. Oklahoma Call for Reproductive Justice v. Drummond (2023 OK 24)
In Drummond (March 2023), Chief Justice Kane dissented when the Oklahoma Supreme Court recognized a limited state constitutional right to abortion when necessary to save the mother’s life. Kane argued that the Oklahoma Constitution does not establish a right to abortion and that the Court should not create rights that are not in the text. He argued that abortion policy should be decided by the people and their elected representatives.
2. Oklahoma Call for Reproductive Justice v. Oklahoma (2023 OK 60)
In Oklahoma (May 2023), Chief Justice Kane dissented when the Court struck down two abortion laws based on its earlier ruling in Drummond. Kane argued that the earlier decision was wrong and that the new case raised different legal and factual issues. He warned that simply applying the earlier ruling could expand the constitutional right to abortion beyond what the Court had originally recognized.
3. Oklahoma Call for Reproductive Justice v. Drummond (2023 OK 111)
In Drummond (November 2023), Chief Justice Kane dissented when the Court ordered a temporary block on three abortion laws while the case continued. Kane argued that the Court’s decisions had created exceptions to Oklahoma’s abortion ban without giving enough consideration to the rights of unborn children. He maintained that the Court’s approach to abortion law was flawed.
Relating to Church -Autonomy:
In Oklahoma Annual Conference of the United Methodist Church v. Timmons (2023), in which Justice Kane concurred with a short note, 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. Kane agreed but added that courts may still decide church property disputes when they can be resolved without interpreting religious doctrine or practice.
Relating COVID-19:
In Greenwood Centre, Ltd. v. Nightingale (2020), in which Justice Kane concurred, the Oklahoma Supreme Court refused to stop a Trump campaign rally at the BOK Center in Tulsa because the state’s COVID-19 guidelines did not require social distancing. The Court held that the petitioners had not shown a clear legal right to the order they requested. Kane joined the Court’s decision without a separate opinion. Justice Rowe, who also concurred, emphasized that courts cannot create COVID-19 rules that the Governor and Legislature had not adopted.
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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