FOR IMMEDIATE RELEASE:
Wednesday, December 14, 2016
Judge Rules in Favor of Attorney General Jeff Landry, Blocks Governor John Bel Edwards’ Overreach
BATON ROUGE, LA – A district court has declared that Governor John Bel Edwards unconstitutionally side-stepped the Legislature and created law, ruling that Executive Order No. JBE 16-11 is unconstitutional and cannot be enforced.
19th Judicial District Court Judge Todd Hernandez today affirmed the constitutional independence of the Attorney General’s office and noted that a Governor cannot act outside the scope of his authority by creating law with the stroke of his pen.
“I applaud Judge Hernandez for basing his ruling on the law, not politics,” said General Landry. “My challenge has always been about upholding the checks and balances on executive authority as established in our State Constitution.”
“In the last eight years, outgoing President Barack Obama has used a phone and a pen to advance an unpopular agenda that he could not get Congress to support,” continued General Landry. “Repeatedly, courts have struck down his actions noting the President cannot simply sidestep the people’s elected Representatives in Congress. Now, John Bel Edwards is using the same Washington-style politics and games here in Louisiana.”
“After efforts to advance his extreme agenda failed by large bipartisan majorities in the Legislature, John Bel Edwards took it upon himself to replace the people’s will with his own. Fortunately for the families and businesses in our State, the court ruled today that the Governor’s executive fiat will not fly in Louisiana,” added General Landry. “We do not live under a King in Louisiana; we have a Governor, an independent Attorney General, an elected Legislature, and a Court system who are all involved in governance along with others. Governor Edwards must live within the Constitution.”
“I am pleased that the Court has enjoined the enforcement of John Bel’s executive order,” concluded General Landry. “My office and I will continue to stand up for our Constitution and the democratic process.”
Judge rules exactly as AG Landry argued as it relates to contracts
Attorney General Jeff Landry has legal right and discretion to approve outside attorneys appointed to represent the State of Louisiana. General Landry has the constitutional right to intervene in any case after approval of counsel: “It is this court’s finding that the specific legislative authority promulgated in La. R.S. 42:262 and La. R.S. 49:258 provides that the office of the attorney general is vested with the authority to use his/her discretion in approving contracts for private legal counsel to state agencies, boards and/or commissions.”