Blake Patton is a business-focused litigator with a diverse trial and appellate practice before state and federal courts, and administrative agencies.
Mr. Patton is dedicated to litigation and advocacy in support of numerous causes of public interest, including trial and appellate advocacy for deprived children in cases involving termination of parental rights, as well as numerous constitutional challenges to legislative action implicating the core rights of Oklahomans. Mr. Patton has testified before the Oklahoma Pardon and Parole Board concerning death row inmate clemency issues, and the propriety of execution by lethal injection through Oklahoma’s controversial three-drug protocol. The constitutionality of this execution protocol was reviewed by the Supreme Court of the United States in Glossip v. Gross, 135 S.Ct. 2726 (2015). Although his primary focus is civil trial and appellate practice, Mr. Patton has represented clients in federal white-collar criminal investigations and prosecutions, including federal R.I.C.O. prosecutions initiated by the U.S. Department of Justice, cyber fraud investigations related to international aircraft lease and purchase transactions conducted by the Federal Bureau of Investigation, and Lacey Act investigations conducted by the U.S. Fish and Wildlife Service.
Mr. Patton actively provides written commentary and analysis on current legal and policy issues, and has published articles on various topics of constitutional law and Oklahoma firearm laws. A 2009 law review article authored by Mr. Patton is cited by numerous scholars, as well as the Office of the Attorney General for the state of Tennessee in Opinion No. 12-40 related to the constitutionality of SB3002, a bill regulating the ability of Tennessee business owners to exclude firearms from their private property.
Mr. Patton received his B.B.A. magna cum laude in accounting from the University of Oklahoma Price College of Business, while minoring in history. For his honors thesis, Mr. Patton authored and presented his paper “Stealth Compensation: The Evolution of Stock Option Accounting Under Financial Accounting Standard Board Rules.” At the University of Oklahoma, Mr. Patton was elected by the student body to serve two consecutive terms as a representative on the University of Oklahoma Student Association Congress. While pursing his undergraduate degrees, Mr. Patton became a licensed broker with the Oklahoma Real Estate Commission. In college, Mr. Patton worked as an intern for the NBC Today Show in New York City, the Silverdocs documentary film festival held by the American Film Institute in Silver Springs, Maryland, and the Washington Nationals Major League Baseball team in Washington D.C. Prior to the University of Oklahoma, Mr. Patton attended Oklahoma State University on a baseball scholarship as a catcher.
Mr. Patton received his law degree from the University of Oklahoma College of Law. Mr. Patton served as Assistant Articles Editor for Volume 65 of the Oklahoma Law Review. He competed in the Burton D. Wechsler First Amendment moot court tournament at American University in Washington, D.C. and the Chicago Bar Association moot court tournament at the U.S. Court of Appeals for the Seventh Circuit.
During his second year of law school, Mr. Patton studied international law, foundations of the European Union, and the history of the English legal system at Brasenose College – University of Oxford. In his third year, Mr. Patton was selected to serve as Carl Albert Executive Fellow for the Oklahoma Department of Securities, where he assisted the Department’s Enforcement Division in the prosecution of securities fraud cases arising under the Oklahoma Uniform Securities Act.
Admissions And Memberships:
Mr. Patton is admitted to practice before all Oklahoma state courts, all Oklahoma federal courts, and the Tenth Circuit Court of Appeals. He was appointed by the President of the Oklahoma Bar Association to serve on the Civil Procedure & Evidence Code, Legislative Monitoring, and Uniform Laws Committees. He attended the 2015 Limited Liability Company Institute in Arlington, Virginia, and the 2017 National Institute on Electronic Discovery in Chicago, Illinois.
Mr. Patton served as the 2018-19 coach of the University of Oklahoma Mock Trial Team. He is a former director of Thrive, a health collective for Oklahoma’s youth, and served as Chairman of its Advocacy Committee.
Publications and Speaking Engagements:
J. Blake Patton, Pro-Gun Property Regulation: How the State of Oklahoma Controls the Property Rights of Employers Through Firearm Legislation, 64 Okla. L. Rev. 82 (Fall 2011); cited by Robert E. Cooper Jr., William E. Young, & John H. Bledsoe, Tenn. Att’y Gen. Op. 12-40 (March 20, 2012); Donald Sanders, Patricia Patterson, & John K. Ross III, The Employers Conundrum of Firearms in Parking Lots, 25 Southern L. J. 25 (Spring 2015); Jacob D. Charles, Securing Gun Rights by Statutes: The Right to Keep and Bear Arms Outside the Constitution, 120 Mich. L. Rev. _ (Forthcoming 2022) & Duke Law School Public Law & Legal Theory No. 2021-21; Joseph Blocher & Noah Levine, Constitutional Gun Litigation Beyond the Second Amendment, NYU Annual Survey of American Law, Vol. 77, No. 2 (Forthcoming) & Duke Law School Public Law & Legal Theory No. 2021-45.
J. Blake Patton, In the Wake of Open Carry, The Journal Record, May 23, 2012
J. Blake Patton, Lawyer lists top-7 common misconceptions about SQ 788, NonDoc, June 21, 2018
Miguel Rios, Abortion ruling, Oklahoma Gazette, July 24, 2019, at p. 8
Miguel Rios, Abortion access: Attorneys and advocates continue fighting for reproductive rights, Oklahoma Gazette, Nov. 13, 2019, at p. 4
The Evolving Jurisprudence of the United States Supreme Court on the Second Amendment, Continuing Legal Education, October 12, 2012
Federalism: The Tumultuous Allocation of Power Between State and Federal Governments, Continuing Legal Education, July 10, 2015
The Fundamental Right to Privacy: Constitutional Foundations of Reproductive Autonomy, presented to Thrive on Aug. 31, 2017
Eighth Annual Take Root Conference, University of Oklahoma, Panelist, Feb. 2018
Expression Through Social Media: Best Practices in the Workplace, Aug. 7, 2018
“Gun for Hire” Classified Ads: The Back-Page Interplay of the First Amendment and Tort Law, Continuing Legal Education, Oct. 12, 2018
A Review of Barriers to Healthcare Access, Panelist, Oct. 17, 2018
Deciphering the Second Amendment: Historical Context and Divergent Methods of Textual Analysis, Guns in America Symposium, Jan. 11, 2020
Published Opinions and Representative Cases:
Burns v. Cline, 2014 OK 90, 339 P.3d 887 (unanimously granting emergency temporary injunctive relief prohibiting the enforcement, and staying the effective date, of Senate Bill 1848, 2014 Okla. Sess. Laws ch. 370).
Okla. Coal. for Reprod. Justice v. Cline, 2014 OK 91, 339 P.3d 887 (unanimously granting emergency temporary injunctive relief prohibiting the enforcement, and staying the effective date, of House Bill 2684, 2014 Okla. Sess. Laws ch. 121).
Okla. Coal. for Reprod. Justice v. Cline, 2016 OK 17, 368 P.3d 1278 (“Cline III“) (reversing grant of summary judgment on special law and non-delegation constitutional claims as to House Bill 2684, and remanding for further proceedings in district court).
Burns v. Cline, 2016 OK 99, 382 P.3d 1048 (unanimously reversing district court’s grant of summary judgment, and striking Senate Bill No. 642, Okla. Sess. L. 2015, Ch. 387 as an unconstitutional violation of the “single-subject rule” mandated by Art. 5, Sec. 57 of the Oklahoma Constitution).
Burns v. Cline, 2016 OK 121, 387 P.3d 348 (unanimously reversing district court’s grant of summary judgment, and striking Senate Bill No. 1848, 2014 Okla. Sess. Laws ch. 370 as an unconstitutional violation of the “single-subject rule” mandated by Art. 5, Sec. 57 of the Oklahoma Constitution and as a violation of the Supreme Court of the United States’ pronouncement in Whole Woman’s Health v. Hellerstedt, 136 S.Ct. 2292 (2016)).
Nova Health Systems d.b.a. Reprod. Servs. v. Cline, 2019 OK 33, 441 P.3d 1145 (“Cline IV“) (in a 7-1 opinion, affirming district court’s grant of summary judgment, and striking House Bill 2684, 2014 Okla. Sess. Laws ch. 121 as an unconstitutional burden on fundamental rights bestowed upon Oklahomans by the United States Constitution through the Supremacy Clause at Art. VI of the United States Constitution and Art. 1, Sec. 1 of the Oklahoma Constitution).
Andrew Hale v. OU Physicians, et al., Okla. Sup. Ct. Appeal No. 116,217 (affirming district court’s grant of summary judgment, finding, in a case of first impression, that “OU Physicians” is a constitutional component of the State of Oklahoma, not an unincorporated business association as alleged, and is protected by the mandates of the Oklahoma Governmental Tort Claims Act).
Schlecht Farms, Inc. v. Jess Harris, III, et al. Okla. Sup. Ct. Appeal No. 117,383 (affirming district court’s grant of summary judgment, finding client not liable as an alleged guarantor of promissory notes totaling over $260,000).
Armor Corr. Health Servs., Inc. v. Board of Okla. Cnty. Comm’rs, Okla. Cnty. Case CJ-2015-1797 (obtained a $662,664 judgment in favor of a Florida-based provider of healthcare services for inmates in the Oklahoma County Jail related to Oklahoma County’s failure to compensate the provider for services rendered under contract); see also Okla. State. Auditor and Inspector’s Report, Oct. 18, 2016, at p. 8.
South Wind Women’s Center LLC, et al. v. J. Kevin Stitt, et al., No. Civ-20-277-G, 2020 WL 1677094 (April 6, 2020 W.D. Okla.) (obtained temporary restraining order against enforcement of Governor Kevin Stitt’s COVID-19 executive order barring access to reproductive health services); South Wind Women’s Center LLC, et al., , 808 Fed.Appx. 677 (10th Cir. 2020) (by per curiam order, affirming temporary restraining order issued by district court against enforcement of Governor Kevin Stitt’s COVID-19 executive order); South Wind Women’s Center LLC, et al., 455 F.Supp.3d 1219 (W.D. Okla. 2020) (obtained preliminary injunction against enforcement of Governor Kevin Stitt’s COVID-19 executive order); South Wind Women’s Center LLC, et al., No. 20-6055, Dkt. No. 20-6055 (April 27, 2020 10th Cir.) (affirming preliminary injunction issued by district court against enforcement of Governor Kevin Stitt’s COVID-19 executive order); South Wind Women’s Center LLC, et al., 823 Fed.Appx. 677 (10th Cir. Aug. 18, 2020 ) (dismissing State of Oklahoma’s appeal as moot, but refusing to vacate the preliminary injunction issued by the Western District of Oklahoma on April 20, 2020 preventing enforcement of Governor Kevin Stitt’s COVID-19 executive order); South Wind Women’s Center LLC, et al., No. CIV-20-277-G, 2021 WL 3729987 (Aug. 23, 2001 W.D. Okla.) (awarding $355,734.33 in attorney fees to Plaintiff’s counsel).
Burleson v. Wayne, 2021 OK CIV APP 25, 495 P.3d 146 (reversing district court grant of summary judgment and vacating a jury verdict, finding a misapplication of the res ipsa loquitur pattern of proof against a reconstructive surgeon).
Mr. Patton and his family live in downtown Oklahoma City. In 2012, Mr. Patton was honored by iON OK as one of the top 30 Oklahomans under the age of 30. Mr. Patton enjoys fly fishing in the Patagonia region of Argentina, and has been an instructor at the Illinois River Fly Fishing School, operated by Patton Fly Fishing, for over a decade. He also has a passion for documentary films, and worked as a production assistant on the HBO Documentary “Sweethearts of the Prison Rodeo,” filmed inside the walls of the Oklahoma State Penitentiary in McAlester, Oklahoma.