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.