Jeremy Alford says anyone who has followed Attorney General Jeff Landry’s political career shouldn’t be surprised that he’s using the Louisiana Constitution as a shield and sword to cut a new path for his office.
“As a congressman, he once joined 70 other lawmakers in using a provision from the U.S. Constitution to block the House and Senate from recessing,” Alford writes in his latest column. “As a candidate for attorney general in the 2015 election cycle, he repeatedly described himself as a ‘ferocious advocate’ for the state’s and nation’s guiding charters.”
Alford says the talk in legal circles last week was that Landry, by cracking open the Louisiana Constitution, was more laying down markers than agreeing to a compromise when his office took over anti-abortion litigation.
“The Department of Health and Hospitals had awarded the cases, during the last administration, to outside counsel through private contracts. But now Landry’s office has ownership, and they could be the tip of an interesting political spear,” Alford says.
In a press release, Gov. John Bel Edwards says his administration agreed to let the AG’s office assume active management of the cases. Those involved say there was no push or shove, describing it as “very friendly” and “not contentious,” Alford writes.
While some state departments and agencies have the authority through statute to take on and sometimes contract out certain legal actions without the AG’s involvement, Alford says Landry is relying upon his interpretation of the Louisiana Constitution and he has so far cited Article 4, Section 8 twice in press releases. The section gives his office the authority to institute, prosecute or intervene in any civil or criminal action or proceeding.
“There aren’t any big fights brewing over this posturing right now, but they could be on the way. As all of this plays out, probably gradually, legislation may also surface to address whatever misunderstandings there might be between the related statutes and constitutional provisions,” he writes.
This was an overlooked theme last election cycle when Landry toppled former Attorney General Buddy Caldwell, Alford notes.
“Landry frequently said all legal actions started under a previous governor or attorney general would be reviewed for their merit if he was elected. He used the same language in press releases last week, adding, ‘And I will decide whether and how to proceed in the best interest of the people of Louisiana,’” reads Alford’s column.
Alford notes Landry also said on the campaign trail that as attorney general he would call his own shots and not rely solely on the word of a governor or governmental body to take legal actions.
“His stance as a constitutionalist, both as a former congressman and candidate, aligns with this last news about the state’s cases to yank Planned Parenthood’s Medicaid funding and another regarding the state law requiring hospital admitting privileges for abortion doctors,” Alford writes.
Jeremy Alford publishes LaPolitics Weekly, a newsletter on Louisiana politics, at LaPolitics.com. Follow him on Twitter, or on Facebook. He can be reached at JJA@LaPolitics.com.
