An Enid attorney’s lawsuit to block the special election to replace retiring U.S. Senator Jim Inhofe hit a roadblock Thursday when the Oklahoma Supreme Court decided not to hear the challenge.

Stephen Jones filed a petition in early March asking the state Supreme Court to assume jurisdiction and find that the election to replace Inhofe could not lawfully be called until after he actually vacates his office.

Inhofe announced last month that he will retire from office effective Jan. 3, 2023, the day his replacement would be seated after a special election held concurrently with the November general election.

Because his announcement was made by March 1, a state law was triggered allowing for a special election to be called in lieu of the governor appointing a replacement to serve the final four years of Inhofe’s term.

After Gov. Kevin Stitt called the special election, with the filing period, primary and general election to run concurrent with this year’s midterms, Jones filed the lawsuit arguing the action violates the terms of the 17th Amendment of the U.S. Constitution.

That amendment reads, in part, “when vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies.”

When the Supreme Court heard oral arguments Wednesday in the case, several justices asked Jones why his lawsuit wasn’t filed in federal court since his arguments rested on federal issues rather than state law.

Without deciding the merits of the case, all nine justices concurred in a oneline order issued Thursday denying jurisdiction for the lawsuit to proceed.

Jones told a Tulsa newspaper that he had not decided whether he will refile the lawsuit in federal court.