Two M/M map headed for binning gets reprieve

Maybe it shouldn’t have been that big of a surprise, if the U.S. Supreme Court eventually will use Callais v. Landry to reduce the prominence race has in reapportionment.

This week, the Court stayed an order by a three-judge panel that declared the congressional map that Louisiana had enacted earlier this year was unconstitutional. That means that this plan, which adds a majority-minority district to the single one in the 2022 map that was subject to litigation then statutorily replaced by this one, will be used for elections this fall.

The panel appeared poised to issue its own map for use if the Legislature, which it would not have, had acted to draw a remedial map prior to its adjournment Jun. 3. By definition, it could not be the invalidated map, and any other options but the revoked 2022 map or something extremely close to it could not have been implemented in time by the state’s Department of State. In fact, although in the case of that preliminarily enjoined map State argued it needed by the end of May, 2022 to have a map to run the subsequent election, this time it declared May 15 was the cutoff despite the very similar situations.

Make better case for LA public records reform

In an unfortunate case of throwing out the baby with the bathwater, some desirable changes to Louisiana public records laws face deferral due to adverse, if not in some ways undeserved, critiques of them.

Several bills addressing the subject the Legislature perused this session. Among them, SB 423 by Republican state Sen. Jay Morris originally would have limited records requests to Louisianans; SB 482 by GOP state Sen. Heather Cloud would shield the governor’s and his family’s schedule if safety is a concern and would exempt advisory and deliberative communications; and SB 502 by Republican state Sen. Blake Miguez would require that an actual Louisiana citizen be verified as making a request. A later iteration of SB 423 essentially would have combined these elements.

It's important to note that in terms of breadth Louisiana has one of the most comprehensive and far-reaching open records laws among the states. Many restrict coverage to certain branches or levels while Louisiana shields only parts for each. Often these restrictions go much further than Louisiana’s; for example, a number of states exempt the advisory and deliberative processes. That, in fact, is the approach taken for the most part by the federal government and most recently was strengthened by the U.S. Supreme Court.

Landry must stop harmful ganja legislation

The Louisiana Legislature seems on the way to compounding a mistake it began making years ago, with perhaps only Republican Gov. Jeff Landry able at this point to prevent that.

From the start in 2015, medical use of marijuana in Louisiana began with dubious premises and has gotten worse since. Since then, almost every control over it has disappeared, step by step by step, so now basically any doctor or nurse practitioner can “recommend” it in any form for any ailment in quantities and often enough to keep one high or to distribute some, whether exchanged for something of value, to others. About the only bottleneck is the limit of dispensaries to 10 (currently nine in operation although since 2022 they have been able to open “satellite” locations that make for 15 physical locations), but they can deliver as well.

So, it’s practically legalized such is the ease of obtaining it. But there’s another legal avenue for addicts added in the past couple of years – hemp products, courtesy of an ill-constructed law that allowed for excessive concentrations of delta-9-tetrahydrocannabinol that have become so egregiously obvious that the Legislature actually may rein in these products in permitting much lower concentrations.

Redirect spending to support early child ed

This time, presumed conservative supermajorities in the state Legislature need to act like it and not spend just because they can.

With projections of state spending coming in a bit more flush that previously predicted – about $88 million more this current fiscal year and $197 million for the next – plans are afoot on what to do with it. One suggestion has been to restore all current state spending on early childhood education, which at this point is budgeted at $24 million fewer.

A few years ago, legislators set up a fund to entice matching dollars from local governments to dole out to families with child care expenses. Although the law creating the program to draw from the fund cast a wide eligibility net, subsequent rules issued by the fund’s overseer the Department of Education essentially steer most of the money, and encourages all of it, to go to the lowest-income households with preschool-and-younger children for use at better-quality licensed child care facilities.

Specious argumentation shouldn't stop convention

House of Representatives debate over a bill to call a limited constitutional convention in Louisiana exposed the shoddy, illogical, and evidence-free arguments against it, hopefully propelling it to Senate passage and enactment.

HB 800 by Republican state Rep. Beau Beaullieu, in its current form, would convene legislators plus 27 gubernatorial appointees to meet in committees or as one starting as early as May 30 to review what eligible portions of the constitution should be converted into statute. No later than Aug. 1 the entire convention would begin review of the committees’ recommendations with any of these sent forth as a proposition for voter approval accepted by the convention no later than Aug. 15. Separate majorities of representatives, senators, and gubernatorial appointees would have to coalesce for this forwarding. Articles dealing with citizen rights, power distribution, the legislative branch, the executive branch, judges, district attorneys, sheriffs, tax collection, bond funding, the Budget Stabilization Fund, the homestead exemption, state employee rights, retirement matters, and existence of the Southern University System would be off limits to transfer out.

It passed the House 75-27, surpassing the two-thirds supermajority required, with the only GOP member present state Rep. Joe Stagni in opposition but with Democrat state Reps. Roy Daryl Adams, Chad Brown, Robby Carter, and Dustin Miller in favor, with Miller being the only black male among them while all other black Democrats plus the two white Democrat females were against, among those present. Even if badly outnumbered, the opposition went down spewing a lot of hot air.

Signs point to single M/M map for LA in 2024

With the resurrection of Louisiana’s 2022 congressional map or something extremely close to it looming, it’s time for the desperation heaves from special interests vying to bolster Democrats’ chances in the U.S. House of Representatives.

Over the past week or so backers of a two majority/minority lineup, out of six total districts, in the state have a pair of defeats, beginning with the declaration by the three-judge panel for Callais v. Landry trying the map created earlier this year that contains two M/M districts that this violated the Equal Protection Clause of the 14^th Amendment. Then these supporters were told the Legislature will get first crack at drawing a new map while a parallel track would operate with parties submitting maps from which the panel could choose if the Legislature didn’t act by adjournment Jun. 3.

The latter setback added insult to injury. As legislative rules don’t permit the chambers to take up a bill this late – the deadline for introduction was over two months ago and substitution rules demand a related bill already introduced present but with the withdrawal of the only one filed dealing with congressional reapportionment none now exist – the Legislature really can’t act, guaranteeing a court-drawn map. And the way the decision was made, it all but guarantees a single M/M map would be chosen by the panel that dramatically reduces chances of Democrats to win another seat among the state’s delegation.

New SC map may provoke rare incumbent challenge

The third time wasn’t the charm for Republican Second Circuit Court of Appeals Judge Jeff Cox, but don’t count him out entirely for career advancement in a couple of years.

Late last year, the Bossier Parish-based Cox began campaigning in earnest for the Second District of the Louisiana Supreme Court, as incumbent GOP Assoc. Justice Scott Chrichton faced retirement at the end of this year. He loaned himself $250,000 and spent nearly $16,000 on mailing out postcards to the district as a soft introduction to his campaign during the Christmas season.

However, one guy that won’t be getting holidays greetings from Cox in the future will be Republican Gov. Jeff Landry. Newly in office, Landry immediately stumped for reapportionment of the Court not only to bring roughly uniform population numbers to each district – the map then used had wildly differing amounts in each district, although this is not a legal nor constitutional violation – but to create two majority-minority districts. While nothing juridically required that – even as special interests were suing the state to produce this outcome that under current jurisprudence had little chance of success but which would cost the state to defend – theoretically it would give the state ammunition to have the consent decree in Chisom v. Roemer lifted, another longtime goal of Landry’s currently awaiting a U.S. Fifth Circuit appellate court hearing.

Landry must overcome resistance to big changes

Republican Gov. Jeff Landry is finding tricky navigating as he attempts to revolutionize Louisiana government.

Landry came into office on the back of a big election win and with a healthy supermajority of GOP legislators joining him. The playbook for chief executives under these conditions calls for striking while the iron is hot, especially at the start of a term in office.

His ambitious agenda reflected this. A special legislative session of his calling definitively put his imprint of increased accountability and responsibility onto criminal justice policy. Now a month from adjourning, the regular session already has sent to his desk some regulatory reforms for property insurance, with the issues of high premiums and reduced availability nagging ratepayers for years, with more on the way.

On cash benefit, LA GOP legislators sell out

It’s going to take more than just a big election cycle win for conservative voters to steer Louisiana government from its liberal populist pathology, a recent struggle over welfare spending shows.

It always starts the same way. Something unusual, such as the Wuhan coronavirus pandemic, occurs that leftist interests seize upon to leverage into government action and new expenditures. Then after a point it’s declared the new benefit needs to be made permanent, and conservative policy-makers too often capitulate.

Liberals understand fully that a substantial proportion of the public suffers from addiction to government largesse, that once the benefits start flowing many want hit after hit without end. One of the Leninist foundations on which today’s political left is built is the principle that what is its is its forever, while whatever policy space its opponents occupy is always up for grabs.

Ruling to reinstate LA 2022 congressional map

Barring a legal miracle, Louisiana’s congressional elections this fall will occur with only one majority-minority district using the 2022 map.

That’s the implication of the Louisiana Western District three-judge panel’s decision in Callais v. Landry handed down earlier this week. In a 2-1 decision – with the two Republican former Pres. Donald Trump district judge appointees under the Fifth Circuit Court of Appeals doubling up on Democrat former Pres. Bill Clinton-appointed Appellate Judge Carl Stewart – the court ruled the map enacted earlier this year violates the Equal Protection Clause of the Constitution and enjoined its use That map came about only because the 2022 plan was enjoined preliminarily by a Middle District judge with plaintiffs presumed to prevail on the question of declaring that map in violation of the Voting Rights Act.

The panel majority took the offered layup when the Louisiana Legislature in special session produced a map with an M/M district stretching from Shreveport to Baton Rouge and Lafayette, splitting them all and dismembering Alexandria along the way. At five points it hung together by only a single precinct, and at one point it forced another district to be one precinct wide squeezed on the other side by Texas. It was a district not even its legislative progenitors would admit had any actual commonality other than it had to be M/M.