Attorney General Jeff Landry plans to appeal a ruling made Thursday by a state judge declaring a House petition overturning the Governor’s public health emergency order unconstitutional.
Landry said Judge William Morvant had already made up his mind before the hearing and positioned the case to be heard in the Louisiana Supreme Court.
“It certainly is I think disappointing when we have judges trying to continually write into the law, law,” said Landry. “Their job is to basically take the law and the facts and make a decision, call balls and strikes.
Edwards Administration Executive Counsel Matthew Block said the petition could have been dangerous had its constitutionality been upheld.
“I think relief is the right word. Obviously, we have been very concerned about the effort by these house members to try and terminate the Governor’s emergency orders because we know that they are working,” said Block.
The case was triggered by the signing of a legislative petition in October by 65 Republican members of the State House that claimed to have the authority to end the ongoing pandemic restrictions and orders. The petition came after Legislative efforts to limit the Governor’s public health authority failed. Governor Edwards described the petition as “reckless” and “irresponsible”.
Morvant decided the petition was unconstitutional because it only involved one chamber of the Legislature, that being the House. Landry argued that a statute passed in 2003 specifically allows a majority vote of surviving members of either the House or Senate to overturn an emergency order. Up until last month that law had never been used, or challenged.
Block said it’s clear under the state constitution that you need both the Senate and House to create and enact laws.
“We have always thought that the effort that they were undergoing with the petition was unconstitutional and we have said so many times,” said Block.
Landry offered this advice for petition supporters while the case is appealed to the State Supreme Court.
“I think that the judge gave the public and businesses a nice clean path in the meantime they could go and demand that the State Senate see if they can find themselves 19 Senators to sign a petition,” said Landry.
Last month Senate President Page Cortez said there was little support for a similar petition in the Upper Chamber because members did not believe the order should be overturned.
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