Governor John Bel Edwards v. Louisiana State Legislature, Louisiana House of Representatives, and Clay Schexnayder, in his official capacity as Speaker of the Louisiana House of Representatives

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GOVERNOR JOHN BEL EDWARDS NO. 2021 CW 0950
PAGE 1 OF 2
VERSUS

LOUISIANA STATE LEGISLATURE,
LOUISIANA HOUSE OF
REPRESENTATIVES, AND CLAY

SCHEXNAYDER, IN HIS OFFICIAL
OCTOBER 6, 2021
CAPACITY AS SPEAKER OF THE
LOUISIANA HOUSE OF
REPRESENTATIVES

In Re: State of Louisiana, through the Attorney General Jeff

Landry, and Clay Schexnayder, in his official capacity
as speaker of the Louisiana House of Representatives,

applying for supervisory writs, 19th Judicial District

Court, Parish of East Baton Rouge, No. 700923.

BEFORE: GUIDRY, WELCH, THERIOT, LANIER, AND HESTER, JJ.

WRIT GRANTED. This court notes, sua sponte, that this case

is moot; therefore, no subject matter jurisdiction exists. See
Firestone Polymers, L. L. C. V. Louisiana Department of

Environmental Quality, 2019- 0308 ( La. App. lst Cir. 5/ 28/ 20),
304 So. 3d 1056, 1063, writ denied, 2020- 01152 ( La. 11/ 18/ 20),
304 So. 3d 417, finding no subject matter jurisdiction existed

where the plaintiffs' claim declaratory judgment was moot.
for
An appellate court has a duty to examine subject matter

jurisdiction sua sponte, even when the issue is not raised
by
the litigants. A case is moot when a rendered judgment or decree
can serve no useful purpose and give no practical relief or

effect. Id. at 1064. Here, the linchpin of Governor John Bel

Edwards' s petition for declaratory judgment is that the petition
adopted by the House of Representatives (" the House petition")

is null, void, and unenforceable because it was adopted pursuant
to La. R. S. 29: 768( B), which, itself, is unconstitutional. He
further maintains that the House petition is null, void, and

unenforceable because the signatories failed to consult with the
public health authority before adopting the petition, as

required by La. R. S. 29: 768( B), and because the House Petition
was adopted in contravention of La. Const. Art. III, § 15( A)

concerning open, public meetings. The House petition seeks to
terminate 134 JBE 2020 and instructs Governor Edwards to issue
an executive order or proclamation
terminating this emergency
proclamation. However, 134 JBE 2020 expired by its own terms on
November 6, 2020. Therefore, the House petition is moot, and the

declaratory relief sought by Governor Edwards is also moot. For
the same reasons, any remaining claims asserted by the Speaker

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

NO. 2021 CW 0950
PAGE 2 OF 2

of the House, seeking an order of mandamus to compel Governor

Edwards to issue an order or proclamation terminating 134 JBE

2020, are likewise moot. Finding the trial court had no

jurisdiction to enter judgment, we vacate the district court' s

July 19, 2021 judgment and dismiss this suit as moot.

JEW

WIL
CHH

Guidry, J., concurs in the result reached by the majority.

Theriot, J., dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT