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On Monday, the Louisiana Supreme Court sent a lawsuit between Gov. John Bel Edwards and Republican members of the Louisiana House of Representatives over COVID-19 restrictions back to the district court, stating that the district judge ruled too quickly when he stated that the state law used to attempt to void the restrictions was unconstitutional, according to an article by the Associated Press.
“Today’s action by the Supreme Court maintains that Louisiana is not a dictatorship. No elected official, including the Governor, can ignore or reject the checks and balances that underpin our government,” reads a statement by Republican Attorney General Jeff Landry. “…As written in the law, the Legislature continues to hold the power to terminate the Governor’s declaration of emergency by petition. By failing to comply with this Legislative directive, the Governor has made his subsequent executive orders aspirational not enforceable.”
In October, 65 members of the House, who are represented by Landry, invoked a process in state law that allows a majority of legislators in either the House or Senate to sign a petition to nullify a governor’s emergency declaration — a process that had never been used before.
Edwards then sued the lawmakers, arguing that the petition process used by House Republicans violated the Louisiana Constitution. He also noted that the lawmakers didn’t follow the law’s requirement that they consult with the state’s public health authority before issuing the petition, according to AP.
On November 12, Baton Rouge Judge William Morvant ruled in favor of the governor, finding the petition to be unconstitutional because the emergency orders have the force of law and couldn’t be blocked by an action of one legislative body, according to AP.
However, on Monday, Dec. 22, the state Supreme Court said that decision was swift and Morvant should have first considered the governor’s argument that the representatives didn’t consult with the public health authority as required, according to AP.
The Supreme Court’s decision was technical and didn’t weigh in on the merits of the lawsuit, the governor’s regulations or the legal maneuver used by the House lawmakers, according to AP, instead, it requires Morvant to hold another hearing in the case.
“We find the district court acted prematurely in reaching the issue of constitutionality,” the justices stated.
Nonetheless, the governor intends to continue enforcing his COVID safety measures while the case is pending. Today, he announced that Louisiana will stay with the modified Phase 2 restrictions for 21 more days.
The governor’s chief lawyer Matthew Block said he’s confident the Supreme Court will uphold the governor’s orders when it hears the case on its merits, according to AP.
“Nothing about the Supreme Court’s decision [on Monday] changes the fact that the mitigation measures remain in place and that they remain as important as ever,” he said.
