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Started By
Message
re: Cantrell, Avegno and city health dept sued over New Orleans’ vaccination, mask mandates.
Posted on 2/1/22 at 9:48 am to The Hurricane
Posted on 2/1/22 at 9:48 am to The Hurricane
This is Ghana go as well as all the other lawsuits against government officials.
It doesn't matter if they are doing the right thing. It only matters if these government officials have the legal standing to do it.
LA government gives government incredible power during "state of emergency". And incredible power to declare a "state of emergency".
I hope this lawsuit is successful but I'm not holding my breath, and neither should anyone else.
It doesn't matter if they are doing the right thing. It only matters if these government officials have the legal standing to do it.
LA government gives government incredible power during "state of emergency". And incredible power to declare a "state of emergency".
I hope this lawsuit is successful but I'm not holding my breath, and neither should anyone else.
1
Posted on 2/1/22 at 9:49 am to jbgleason
quote:
I think she may double down with additional restrictions simply as punishment for questioning her authority. Kind of like when the Nazis would shoot ten prisoners because one tried to escape.
For someone who doesn't like to be bullied she sure likes to bully.
Posted on 2/1/22 at 9:51 am to brewhan davey
quote:
to unilaterally issue “temporary” regulations outside of the required process for promulgating regulations (i.e. without notice and a public hearing or further vetting by the Council)
The IRS has some "temporary regulations" from the 80s that are still in effect.
I don't want a judge changing law. I want our freaking legislature to change the law.
Posted on 2/1/22 at 9:52 am to brewhan davey
quote:
The biggest issue in my opinion is that La. R.S. 29:727 doesn’t allow for mayoral emergency orders to automatically expire after X number of days. In contrast, La. R.S. 29:724 (the analogous statute providing for the governor to issue emergency orders) does.
Great analysis. You win the day in the OT.
Posted on 2/1/22 at 9:53 am to Fun Bunch
quote:
It'll have to get to the Supremes.
Oh you mean the group that used their emergency powers to tell law school grads they could skip the bar exam?
TELL THE LEGISLATURE TO DO THEIR DAMN JOB AND FIX THE LAW.
Posted on 2/1/22 at 9:55 am to LSUFanHouston
It is utterly amazing that we have a mask mandate in place in Orleans Parish in February of 2022 with extremely little in the way of cases or hospitalizations. 
Posted on 2/1/22 at 9:56 am to LSUFanHouston
quote:
I don't want a judge changing law. I want our freaking legislature to change the law.
Do you understand what the system of checks and balances is? The emergency powers that the mayor is using has allowed her to essentially exercise unchecked legislative power. This is where the courts come in -- to be the check.
Posted on 2/1/22 at 9:56 am to STEVED00
quote:
Won’t it still go “up the chain” in the court system though?
Yep. Straight to the 4th Circuit comprised of several former CDC judges and then to the La Supreme Court that shot down challenges to vaccine mandates.
This post was edited on 2/1/22 at 10:04 am
Posted on 2/1/22 at 9:58 am to Putty
quote:
the La Supreme Court comprised of several former CDC judges
One former CDC judge. It is impossible for more than one to sit on the LASC at the same time, as New Orleans is within one of the seven districts from which the justices are elected.
Posted on 2/1/22 at 10:01 am to brewhan davey
quote:
brewhan davey
My bad...edited.
Posted on 2/1/22 at 10:01 am to Putty
Posted on 2/1/22 at 10:02 am to brewhan davey
What are the mandate challenges the La. Supreme Court has shut down?
Posted on 2/1/22 at 10:05 am to Y.A. Tittle
quote:
What are the mandate challenges the La. Supreme Court has shut down?
I think it was allowing Ocshner to require their employees to be vaccinated. I think that is a bit different than unlimited emergency powers for elected officials.
Posted on 2/1/22 at 10:05 am to Y.A. Tittle
quote:
What are the mandate challenges the La. Supreme Court has shut down?
I believe they were Ochsner's vaccine requirements for employees. But that is a different issue altogether, since Ochsner is a private employer.
Posted on 2/1/22 at 10:11 am to Fun Bunch
quote:
Giarusso is honestly the best hope before the SpCrt of LA.
I agree. That said, the CDC is just the first stop on the road to the LA Supreme Court...which is where the Plaintiffs are hoping to end up.
Posted on 2/1/22 at 10:17 am to brewhan davey
quote:
The emergency powers that the mayor is using has allowed her to essentially exercise unchecked legislative power.
The power was ceded to her by the legislature. That's my point.
Posted on 2/1/22 at 10:21 am to The Hurricane
I know of a volleyball tournament pulled out of the convention center this weekend because of the kid vaccination protocols. The tourney is moved to nearby Plaquemines and Jefferson Parishes.
Another self-inflicted wound. Way to go NOLA!
Another self-inflicted wound. Way to go NOLA!
Posted on 2/1/22 at 10:37 am to LSUFanHouston
quote:
The power was ceded to her by the legislature. That's my point.
Indefinitely ceded power? I think that what needs to be addressed. It just can’t be an emergency in one parish but not the one next door when they all are affected in the same matter.
Posted on 2/1/22 at 10:40 am to LSUFanHouston
quote:
The power was ceded to her by the legislature. That's my point.
And under the state constitution, this type of legislative delegation ends when normal processes of government can be reestablished. Because there is no expiration date for the mayor's emergency powers in La. R.S. 29:727, the court's duty is to determine when that time is.
Posted on 2/1/22 at 12:04 pm to brewhan davey
Anyone able to find link to full suit?
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