October 24, 2020 | Greg Hilburn | Source
“Louisiana Republican Attorney General Jeff Landry on Saturday said a petition from the state House of Representatives overturns Democratic Gov. John Bel Edwards’ COVID-19 emergency order and restrictions whether the governor signs it or not.
Edwards said Friday he believes the petition is unconstitutional. It was delivered to him late Friday after lawmakers ended a month-long Special Session. He insisted Friday the order “remains in full force and effect.”
Louisiana law allows either the House or the Senate to demand the governor overturn an emergency declaration with a majority of members’ signatures, which is 53 in the House. Republicans hold 68 seats in the House, a near super majority.
Sixty-five representatives, all Republicans, signed the petition following a months-long effort.
“The termination process is effective immediately, unless provided otherwise in the petition, when a petition is signed by a majority of the surviving members within either body of the Legislature, the Senate or the House,” Landry said in a statement. “The termination of emergency powers does not require any additional action other than the signed petition. Upon completion of the signed petition, the governor is directed to issue a proclamation informing the public of the termination.””
“Attorney General Jeff Landry issued the following statement on the House of Representatives’ petition to terminate the public health emergency:
“The emergency powers act and the emergency health powers act are written to outline what extraordinary powers are granted to the Governor during a declared emergency. A termination clause is included outlining a simple process for pressing the stop button. Immediately upon termination, the emergency powers cease and the Governor’s powers revert to the ordinary powers afforded the Governor as outlined by our Constitution and laws. The termination process is effective immediately unless provided otherwise in the petition when a petition is signed by a majority of the surviving members within either body of the Legislature, the Senate or the House. The termination of emergency powers does not require any additional action other than the signed petition. Upon completion of the signed petition, the Governor is directed to issue a proclamation informing the public of the termination.” Link
