Louisiana’s governor should be required to seek legislative approval before extending a state of emergency beyond 30 days, an attorney for a conservative think tank argues. Under current law, the governor can declare or renew an emergency declaration by executive order, though a majority of either chamber of the Legislature can cancel a state of emergency at any time. Instead, the legislature should be involved on the front end in the discussion of whether a state of emergency should be extended or not, said Sarah Harbison, general counsel for the Pelican Institute for Public Policy, which on Wednesday issued a paper about legal issues raised during a public health emergency. The Pelican Institute previously has argued that Louisiana Gov. John Bel Edwards should lift restrictions meant to control the spread of COVID-19, citing the economic damage the restrictions cause. Edwards has said he’s following White House guidance in issuing the orders. Individual rights should be taken into account during the public health crisis, Harbison said Wednesday. “The constitution doesn’t go away just because there’s a pandemic,” she said. However, the courts have not provided much clear guidance about what is and isn’t constitutional, she notes. She said judges, many […]
