Sunday, October 25, 2020

Louisiana House Nullifies Governor's Emergency Order

 The Louisiana Constitution gives the governor broad powers to declare an emergency, to respond to natural disasters.  In this case, Louisiana has been under one emergency order after another in response to the Covid crisis.  Many think that the Governor's order goes too far.  The legislature called themselves into session to address several issues, among those, to address the governor's covid restrictions.

The legislature wanted input to the process to address constituent concerns..  The Governor was unwilling to negotiate with the legislature on the Covid response, saying that he was unwilling to give up those powers necessary to address the emergency.

So, the House invoked a never before used clause in the state constitution.  That, basically, the legislature can petition the governor, requiring him to rescind all emergency orders.  This fail-safe was put into place in the unlikely event that a tyrannical governor imposed emergency powers to the detriment of the people.

Republicans are invoking a never-before-used process outlined in state law that allows a majority of House lawmakers to nullify the governor’s public health emergency declaration — and all restrictions tied to it — with a petition.

 House Speaker Clay Schexnayder said Edwards refused to address legislative concerns about his virus rules “in any substantive way.”

“The Legislature will make no apologies for simply standing up for the people we collectively represent,” Schexnayder, a Gonzales Republican, said in a statement. “The House has exhausted every available legislative remedy and has been left with no other option but to exercise its legislative right to terminate the governor’s emergency order.”

This was the Right Thing for the legislature to do.  However, it bring us a number of interesting questions.  I'm sure we'll see them addressed i the coming days. 

1 comment:

Old NFO said...

One wonders... It IS Louisiana!