Law Allows Legislature
to Terminate Public Health Emergency
BATON ROUGE, LA – On Thursday, Louisiana Attorney
General Jeff Landry’s Office will appear before the 19th Judicial District
Court in Edwards vs. House of Representatives. At issue
is whether the Governor must follow Louisiana law, including La. RS 29:768(B):
"The legislature, in consultation with the public
health authority, by a petition signed by a majority of the surviving members
of either house, may terminate a state of public health emergency at any
time. This petition terminating the public health emergency may establish
a period during which no other declaration of public health emergency may be
issued. Thereupon, the governor shall issue an executive order or
proclamation ending the state of public health or emergency."
Here is what you need to know about the law and the
case:
- The Constitution clearly
outlines a basic separation of power.
- The
Emergency Powers Act provides the Governor enumerated powers delegated by
the Legislature.
- The
Governor is not granted authority to exercise police powers inherently
held by the Legislature, unless otherwise delegated.
- With
regards to the Emergency Powers Act, the Legislature holds the power to
terminate the Governor’s declaration of emergency by petition.
"Thursday’s hearing is
not about undermining the validity of public health precautions; rather, it is
about upholding the very fabric of our Louisiana Constitution," says AG
Landry. "Statute clearly outlines that the Governor cannot ignore or
reject the checks and balances that underpin our government. If we allow
this to happen once, when will it stop?"
#
To view arguments in the Governor’s lawsuit seeking
extraordinary power, visit https://zoom.us/j/91588809912?pwd=b05rZUtIc0JpeGNCYnFSM0VQSzFBdz09.
This public event is scheduled to begin at 9:30 AM on November 12, 2020.