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re: Under what legal premise can JBE enforce any of this?

Posted on 4/27/20 at 6:23 pm to
Posted by bbrownso
Member since Mar 2008
8985 posts
Posted on 4/27/20 at 6:23 pm to
quote:

Holy fricking free money and cop fired.

Not really. This is where his authority comes from in state law:
RS 29:724 - §724. Powers of the governor
quote:

A. The governor is responsible for meeting the dangers to the state and people presented by emergencies or disasters, and in order to effectuate the provisions of this Chapter, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations so issued shall have the force and effect of law.


Now you want to read up on "qualified immunity." Because I think you'd be really disappointed with your results.

Qualified immunity

quote:

Specifically, qualified immunity protects a government official from lawsuits alleging that the official violated a plaintiff's rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case.

Considering that the law basically gives Edwards's declaration/order the power of law, that swings in the favor of the police.

Now, it's not all bad if the Legislature is willing to push back against the Governor; from the earlier statute:
quote:

(2) The legislature, by petition signed by a majority of the surviving members of either house, may terminate a state of disaster or emergency at any time. This petition terminating the state of emergency or disaster may establish a period during which no other declaration of emergency or disaster may be issued. Thereupon, the governor shall issue an executive order or proclamation ending the state of disaster or emergency.


But I wouldn't hold my breath.
Posted by uway
Member since Sep 2004
33109 posts
Posted on 4/27/20 at 7:32 pm to
quote:

? you mad, bro? I didn’t write the laws. And I’m surprised such staunch conservatives as yourselves are not keen on following the laws as written




I just don't care about the laws of man. To the extent that they go against our God given rights, they should be sometimes ignored and sometimes fought.
Posted by BRDuckDog
Member since Jul 2015
12 posts
Posted on 4/28/20 at 12:25 am to
Legislature can also vote to end state of emergency under those same statutes.
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