Attorney General Jeff Landry and a Republican state lawmaker filed a lawsuit Wednesday seeking to block Gov. John Bel Edwards from adding the COVID-19 vaccines to the list of shots students are required to receive to attend schools and universities.
The lawsuit argues that the rulemaking statutes that gave the Democratic governor the power to override legislative opposition violates the state constitution. Those statutes — part of the state's Administrative Procedures Act — have been on the books for decades.
Edwards notified House lawmakers Tuesday that he would go against their wishes and move forward with adding the vaccine to the state immunization schedule. A bipartisan panel voted 13-2 last week to reject the rule, but state statutes give the governor final say.
Gov. John Bel Edwards notified state lawmakers Tuesday that the Louisiana Department of Health will move forward with adding the COVID-19 vacc…
Landry argues that Edwards’ action violates constitutional provisions that give lawmakers the power to enact laws rather than the governor. The GOP attorney general also suggested that the statutes that allow the governor to override legislative rejection of a regulatory proposal are unconstitutional.
“The Louisiana Constitution grants the Governor the power only to enforce the law, not to make it," the lawsuit reads. Bossier City Republican Raymond Crews joined Landry on the suit.
The governor's office defended its actions as following the law.
"We've not reviewed the full filing, but the Louisiana Department of Health is well within its legal authority on adding the COVID vaccine to the immunization schedule, where it will be treated like all other vaccines and parents may choose to opt their children out of it," said Christina Stephens, a spokesperson for the governor.
The Legislature delegated its authority to update the state immunization schedule to the Louisiana Department of Health. But Landry argues the rulemaking statute relegates legislative oversight to a mere "speed bump."
Lawsuit filed by Attorney General Jeff Landry to try stop COVID vaccines to the state schedule
“The Legislature cannot delegate its authority to the Governor with no clawback or legislative oversight," the lawsuit reads.
In his Tuesday letter to the House Health and Welfare Committee, Edwards defended the rule as a necessary step to end the pandemic. "I am allowing this rule to go into effect because it will save lives and will help Louisiana to emerge from this pandemic," Edwards wrote.
The Democratic governor said COVID-19 is to blame for almost 15,000 deaths in Louisiana since the start of the pandemic, including 19 children under the age of 18. The vaccine, in comparison, has caused 12 adverse events and zero deaths, according to health department data.
"By any measure, the COVID-19 vaccines have been a historic success," Edwards wrote.
Louisiana already requires students to be immunized against certain vaccine-preventable diseases — including mumps, measles and polio — before attending public and private K-12 schools, daycares, universities and colleges.
The state offers some of the broadest vaccination exemptions in the nation, allowing parents and students to opt-out with either a letter from a medical provider or a written objection.
If it isn't blocked by the courts, latest rule would go into effect beginning with the 2022-23 school year and will only apply to age groups that are fully authorized by the U.S. Food & Drug Administration to receive the jab. At the moment, that includes those age 16 and up, though younger age groups will be added as full approval is granted.
