Perry's appointment became a central issue in the 2001 Oklahoma Supreme Court case Keating v. Edmondson.
Perry served as Secretary in an unconfirmed basis while his Governor Keating sent his nomination to the Oklahoma Senate.
Senator Monson, however, said that Perry's salary as Commerce Secretary would cost the State too much and be duplicative.
On June 8, 2000, Senator Monson submitted a request for an official opinion to Attorney General of Oklahoma Drew Edmondson concerning Keating's actions.
Governor Keating then filed a petition on October 27, 2000, in Oklahoma County District Court to overturn Edmondson's opinion.
On December 29, 2000, Keating appealed a single issue – whether a Governor is empowered to reorganize the executive cabinet throughout the term of office.