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Attorney General Jeff Landry Asserts his Right to Proceed Over All Legal Issues and Cases in State Government

In June Medical Services, et al. v. Kathy Kliebert, et al. - General Landry to Appeal Ruling on Behalf of the Citizens of Louisiana

BATON ROUGE, LA – Today, Attorney General Jeff Landry reiterated the Constitutional powers and duties of his office. The Attorney General has the Constitutional authority and duty to defend all laws of the State of Louisiana.

“Previous Governors have overreached their Constitutional authority,” stated General Landry. “I appreciate Governor Edwards’ recognition of the Attorney General’s role over legal issues involving the State of Louisiana.”

Article 4, Section 8 of the Louisiana Constitution declares the Attorney General as chief legal officer of the state:

As necessary for the assertion or protection of any right or interest of the state, the attorney general shall have authority (1) to institute, prosecute, or intervene in any civil action or proceeding; (2) upon the written request of a district attorney, to advise and assist in the prosecution of any criminal case; and (3) for cause, when authorized by the court which would have original jurisdiction and subject to judicial review, (a) to institute, prosecute, or intervene in any criminal action or proceeding, or (b) to supersede any attorney representing the state in any civil or criminal action.

The attorney general shall exercise other powers and perform other duties authorized by this constitution or by law.

“All legal actions started under a previous Governor or Attorney General will be reviewed for their merit; and I will decide whether and how to proceed in the best interest of the people of Louisiana,” continued General Landry. “I will be guided by the rule of law, individual freedoms, and our common sense values.”

General Landry’s statement comes moments after Judge John deGravelles of the federal Middle District Court ruled against a Louisiana abortion law.

“As Attorney General, I am committed to enforcing our state's pro-life and pro-woman laws,” said General Landry. “My office and I will continue to do all we legally can to protect the unborn, their mothers, and all Louisiana women.”

“We are obviously disappointed by the judge’s ruling,” added General Landry. “We plan to appeal the ruling for the betterment of our state and its citizens.”

Modeled after the Texas Omnibus Abortion Bill (HB 2), Act 620 – authored by Representative Katrina Jackson (D, Monroe) – passed both legislative bodies in 2014 with little opposition (88-5 in the House and 34-3 in the Senate).

HB 2 and Act 620 require abortion providers be able to admit patients to a nearby hospital in the event of complications. This identical admitting privilege requirement was upheld as Constitutional in March 2014 by the federal Fifth Circuit Court of Appeals.

“The people of Louisiana elected me to uphold their principles, the Constitution, and the rule of law. My actions today reflect their mandate,” concluded General Landry.