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Edwards takes House to court over COVID, state readies for another hurricane

Tuesday, October 27, 2020

Gov. John Bel Edwards has filed a lawsuit against the Louisiana House of Representatives asking that a petition seeking to terminate the state’s COVID-19 restrictions for seven days be declared unconstitutional.

The suit was filed Monday in the 19th Judicial District Court in Baton Rouge.

Edwards called the petition reckless, dangerous, irresponsible and unconstitutional.

“It’s misguided thinking by some members of the House, quite frankly, many of whom don’t really believe in what they’re doing — at least that’s what they told me,” Edwards said during a press briefing.

The lawsuit reportedly argues that the obscure law the House Republicans are using is unconstitutional because one chamber is acting on behalf of the entire Legislature.

“A simple majority of one house? That just doesn’t cut the mustard,” Edwards said.

The never-beforeused statute is one passed in 2003 during the SARS pandemic.

At issue is a petition signed by GOP state representatives — including Rep. Chris Turner, R-Ruston — that the lawmakers say cancel the COVID-19 restrictions immediately.

Sixty-five of the 68 Republican House members signed the petition Friday during the final hours of a special legislative session that was largely aimed at muzzling Edwards’ ability to order COVID-19 mitigation measures, including the existing mask mandate and crowd-size restrictions.

Turner said Friday the representatives filed the petition as a last resort to force Edwards to include legislative leadership in his pandemic decision making. But Edwards claims he’s done that from the beginning.

The governor also said House members failed to consult with state health authorities as the law requires before passing the petition.

“It’s a complete fiction to say there was a consultation,” Edwards said.

The flap comes as COVID-19 cases continue to rise statewide and in Lincoln Parish. As of noon Monday, there were 180,069 confirmed cases of the statewide, 1,659 of which are in Lincoln Parish.

Though Louisiana’s case count has slowed, the state is still No. 3 in the nation in cases per capita, Edwards said.

“Obviously we are still very much in the midst of a public health emergency, whether the House of Representatives and the attorney general agree or not,” Edwards said.

Louisiana Attorney General Jeff Landry, long at odds with Edwards, has sided with the House.

Vacating the mitigation measures now would not only jeopardize the progress Louisiana has made, but also threaten federal funding available because of a declared public health emergency, Edwards said.

“We have to be focused and resolute in managing a public health emergency while recovering from two hurricanes and preparing for a third,” Edwards said.

Hurricane Zeta is forecasted to make landfall sometime Wednesday evening in southeast Louisiana. Zeta will be the fifth storm to hit the state this year — the first that’s happened since weather records began being kept in 1851, according to Louisiana state climatologist Barry Keim.

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