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Started By
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re: Big day for Louisiana Politics, JBE goes in front of judge re petition to limit powers
Posted on 11/12/20 at 9:27 am to LSUFanHouston
Posted on 11/12/20 at 9:27 am to LSUFanHouston
quote:
because some of the GOP actually supports JBE.
This is absolutely true. I have no respect for our state's legislature (both house and senate) or for any Louisiana politician really. They only seek to be part of the club. Louisiana has a bad case of celebrity envy. And these politicians believe that being government = celebrity.
1
Posted on 11/12/20 at 9:28 am to BugAC
Quit voting for the same politicians
I really wish someone worth a shite would run against Cassidy
I really wish someone worth a shite would run against Cassidy
Posted on 11/12/20 at 9:28 am to gsvar2004
quote:
oday jbe gets his day in court to argue against the petition that was filed to limit his powers during the emergency declarations
What are the actual legal powers of a petition? I've always thought of a petition as more of a request; "should" instead of "shall".
Posted on 11/12/20 at 9:29 am to Areddishfish
quote:
The issue at hand is the Governor completely ignoring part B of this statute. Whether he wants to take it to court or not is up to him, but he is still obligated to end the declared emergency.
Pretty sure even if the local court rules in favor of JBE, this will go to appeals, then Louisiana SC. The statute is clear, and the legislature appears to have done things by the book. Now whether a judge rules on the actual constitutionality of it, or is a partisan hack, we'll see.
Posted on 11/12/20 at 9:29 am to doubleb
quote:
The virus isn’t going away. Closing down again will do what? Just push the can down the road. That’s it.
This!!
It’s common sense. It’s been proven over and over throughout the country and around the world that going into lockdown does not work.
Posted on 11/12/20 at 10:22 am to Areddishfish
quote:
in consultation with the public health authority
Who is the public health authority? LDH Secretary?
Posted on 11/12/20 at 10:25 am to doubleb
quote:
If the legislature passed a law that gave the governor emergency powers and prescribed how the legislature could limit those powers, how can a court remove the restraints the legislature provided and let the governor keep those powers? The court shouldn’t.
Now if there are other laws or a constitutional basis for the governor to close businesses, limit occupancies, etc. then the court could throw out the entire law. The governor could continue on as he saw fit. The law the legislature is using wouldn’t be necessary.
IMHO, you can’t split the baby.
I would say "you must be new around here" but I know you are not =)
In theory, I don't necessairly disagree with what you are saying.
But... LASC has in the past most certainly "split the baby".
The LA constitution places a tremendous amount of power in the governor... possibly more than any other governor has in the country.
LASC most certainly has the authority, and precedence, to toss out certain provisions of a law, without tossing the entire law.
Perhaps you and I agree they should not have that ability. But they do.
Edit: I know the hearing today is before the JDC. But I'm sure this will end up at LASC pretty soon.
This post was edited on 11/12/20 at 10:28 am
Posted on 11/12/20 at 10:32 am to gsvar2004
quote:good luck louisiana
this ruling could have long lasting implications over governors powers in Louisiana
Posted on 11/12/20 at 10:33 am to LSUFanHouston
Legit question here.
If provision A was agreed upon only due to the presence of provision B, then would that precedent still apply? I'm not sure of the previous precedents set by LASC. I can certainly see how provisions within a single law that do not impact each other can be rejected. I do not believe that provisions that do impact each other SHOULD be allowed to be rejected individually.
If provision A was agreed upon only due to the presence of provision B, then would that precedent still apply? I'm not sure of the previous precedents set by LASC. I can certainly see how provisions within a single law that do not impact each other can be rejected. I do not believe that provisions that do impact each other SHOULD be allowed to be rejected individually.
Posted on 11/12/20 at 10:36 am to LSUFanHouston
quote:
I would say "you must be new around here" but I know you are not =)
In theory, I don't necessairly disagree with what you are saying.
But... LASC has in the past most certainly "split the baby".
The LA constitution places a tremendous amount of power in the governor... possibly more than any other governor has in the country.
LASC most certainly has the authority, and precedence, to toss out certain provisions of a law, without tossing the entire law.
Perhaps you and I agree they should not have that ability. But they do.
Edit: I know the hearing today is before the JDC. But I'm sure this will end up at LASC pretty soon.
If the La. Constitution already gave the Governor emergency powers then the entire law should be tossed out; however, if the law gave the governor these emergency powers with a mechanism to take them away then the entire law would remain.
I can’t see it any other way.
Posted on 11/12/20 at 11:04 am to Tiger 50
quote:
All he has done was try to curve this horrible virus, which at one point it was working. But the stubbiness of some people has hampered the effectiveness. The same group that probably was saying this virus will go away on 11-4 by the way why has it not disappeared.
I’ll pray for you baw, we all know the virus is worse on lgbt and people of size
Posted on 11/12/20 at 11:28 am to gsvar2004
But it's only for 2 weeks
Posted on 11/12/20 at 1:04 pm to doubleb
Ruled for JBE.
On to appeals!!
On to appeals!!
Posted on 11/12/20 at 1:33 pm to LSUFanHouston
Not a good day for checks and balances.
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