U.S. District Judge Terence Kern has that question before him and can answer it any time.
Numerous legal filings from the state of Oklahoma and the U.S. Justice Department
consumed the early years of the case, and Kern
was required to rule on the fundamental question of whether the lawsuit could actually go forward against then-Gov.
ruled that the two state officials could be sued, but the state appealed that to the 10th Circuit.