Oklahoma Education Ass'n, Inc. v. Nigh

I must dissent. We have no facts before us in this action. A majority of the Court voted to assume jurisdiction of this matter without any factual determination having been made or any stipulation of facts agreed on, for the “sole purpose” of deciding the constitutionality of five statutes. I dissented to taking jurisdiction of this cause as it was framed, or more accurately — as it was not framed- — and I believe the problems inherent in a decision rendered in the abstract are evident from the face of the majority opinion.1

The opinion is not based on proven facts, but on assumptions of facts…