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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 8:13 am to LSUFanHouston
Posted on 11/12/20 at 8:13 am to LSUFanHouston
My understanding is the legislature passed a law giving the governor emergency powers and the same law proscribed how the legislature could limit those powers.
Am I right?
Am I right?
2
Posted on 11/12/20 at 8:33 am to gsvar2004
Nothing will change. JBE wins.
Posted on 11/12/20 at 8:34 am to LSUFanHouston
They did do it the proper way. It’s in the law. They used the damn law.
Posted on 11/12/20 at 8:39 am to Civildawg
quote:
Holy shite that meme
Who the frick is downvoting this? Is Jon Bel's minion boy still around here? What was his name again?
Posted on 11/12/20 at 8:45 am to LSUFanHouston
quote:
Most "checks" of this power involve both the house and the senate, usually with a 2/3 majority, with the issue debated in the legislature.
In terms of overriding a veto, yes. This law states that a majority in either the house or senate can enact this.
ETA:
§768. Termination of declaration of public health emergency
A. The state of public health emergency shall continue until the governor finds that the threat of danger has passed or the disaster or emergency has been dealt with to the extent that the emergency conditions no longer exist and terminates the state of public health or emergency by executive order or proclamation, but no state of public health emergency may continue for longer than thirty days unless renewed by the governor.
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.
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.
This post was edited on 11/12/20 at 8:49 am
Posted on 11/12/20 at 8:48 am to doubleb
quote:
My understanding is the legislature passed a law giving the governor emergency powers and the same law proscribed how the legislature could limit those powers.
Am I right?
You are right.
My understanding is that the "limit" provision has never been challenged in court. It is currently being challenged as violating the state constitution.
I would not be surprised if a judge tosses that entire provision of thw law out.
This particular provision seems to violate the governor's powers.
A provision similar to a veto override provision, I believe, would easily pass state constitutional muster.
Posted on 11/12/20 at 8:50 am to gsvar2004
quote:
They did do it the proper way. It’s in the law. They used the damn law.
The law itself is being challenged. Judges can toss laws that don't pass constitutional muster. This one may not.
Posted on 11/12/20 at 8:53 am to LSUFanHouston
quote:
Most "checks" of this power involve both the house and the senate, usually with a 2/3 majority, with the issue debated in the legislature.
Just the House with a simple majority, via a "petition"? I would not be surprised if that is struck down
But that is exactly how the law, that lets JBE enacted his state of emergency is written. If that portion of the law is deemed unconstitutional, shouldn't the whole law be unconstitutional? Thus making JBE's emergency proclomation unconstitutional?
Posted on 11/12/20 at 9:03 am to gsvar2004
I think they find in favor of JBE because 2020.
frick that cock sucker though.
frick that cock sucker though.
Posted on 11/12/20 at 9:05 am to rented mule
quote:
If that portion of the law is deemed unconstitutional, shouldn't the whole law be unconstitutional? Thus making JBE's emergency proclomation unconstitutional?
In LA, portions of a law can be struck down, without striking down an entire law.
This was an issue a few years ago when the legislature passed a law limiting other state tax credits. The LASC deemed part of the law unconstitutional and struck that part, while leaving the other parts untouched. Plaintiffs argued that the law could not be allowed to stay in pieces, which LASC rejected.
This post was edited on 11/12/20 at 9:06 am
Posted on 11/12/20 at 9:11 am to LSUFanHouston
quote:
You are right.
My understanding is that the "limit" provision has never been challenged in court. It is currently being challenged as violating the state constitution.
I would not be surprised if a judge tosses that entire provision of thw law out.
This particular provision seems to violate the governor's powers.
A provision similar to a veto override provision, I believe, would easily pass state constitutional muster.
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.
Posted on 11/12/20 at 9:12 am to gsvar2004
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.
Posted on 11/12/20 at 9:15 am to Tiger 50
quote:
All he has done was try to curve this horrible virus
*curb
Posted on 11/12/20 at 9:16 am to Tiger 50
quote:
All he has done was try to curve this horrible virus
Again, the consequences of his attempts of slow the virus are much worse than the virus itself
But politicians love power
Posted on 11/12/20 at 9:16 am to Tiger 50
quote:
All he has done was try to curve this horrible virus,
Muh flatten the curve?
Posted on 11/12/20 at 9:18 am to gsvar2004
I don't see how anyone could be against limiting the powers of a single individual in government.
What's the argument for allowing a governor to single handedly legislate for unlimited amounts of time under the guise of "emergency declarations"?
What's the argument for allowing a governor to single handedly legislate for unlimited amounts of time under the guise of "emergency declarations"?
Posted on 11/12/20 at 9:21 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.
Imagine thinking you know wtf you're talking about, then saying
quote:
curve
Posted on 11/12/20 at 9:23 am to Hat Tricks
quote:
Muh flatten the curve?
The logic behind flattening the curve was fine. The idea was it would provide hospitals, doctors, and the government to treat patients, stock up on necessary supplies, and create facilities to treat very sick patients.
After that then the virus would run its course. At risk folks could adjust their life styles, the elderly could go into “bunkers” and we would ride it out as best we could.
Now they are grasping at straws. The virus isn’t going away. Closing down again will do what? Just push the can down the road. That’s it.
This post was edited on 11/12/20 at 9:25 am
Posted on 11/12/20 at 9:24 am to gsvar2004
quote:
JBE goes in front of judge re petition to limit powers
If JBE wins, be prepared to regress back to phase 1. It's what all the cool Democrats are doing now.
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