Louisiana’s economic growth outpaces 40 states despite some concerning data
Louisiana’s gross domestic product jumped 3.2% in the second quarter of 2023, faster than 40 other states, though experts contend the data doesn’t tell the whole story. Figures released by the Bureau of Economic Analysis on Tuesday show Louisiana’s gross domestic product 3.2% bump in the second quarter outpaced 40 other states, including all states east of the Mississippi River except West Virginia at 3.6%. The growth in Louisiana compared to declines in neighboring Mississippi of 1.8% and Arkansas at negative 0.4%, while Texas was up 4.9%. The national average GDP growth was 2.1%. The rate increased in 46 states and the District of Columbia in the second quarter, ranging from 8.3% in Kansas to negative 4.3% in North Dakota. Gov. John Bel Edwards touted Louisiana’s top-10 growth rate as “yet another sign that our hard work is paying off.” “We have the lowest unemployment rate in state history. We have increased capital investment every year since 2017, including three consecutive years of more than $20 billion for the first time in our state’s history,” he said in a statement. “And our economic growth is expected to continue. Economist Loren Scott recently predicted that Louisiana will add 80,000 more jobs in 2024 and 2025 thanks to our success positioning Louisiana as a leader in the global energy transition.” Vance Ginn, economist with the Pelican Institute, told The Center Square there is more to the numbers in Louisiana that’s not obvious in the bureau data. “When you look into the contributions of real GDP … the government portion increased by 0.1%, so if you subtract that off because government really is just a redistribution of money from the private sector, the real private economy increased by 3.1%,” he said. “That shows there’s still some weakness out there, but the economy was growing,” Ginn said. “The contributions really were from oil and gas activity, mining activity, durable goods in the manufacturing sector, and professional business services, while there were a lot of other industries and sectors that declined in the second quarter.” Ginn said those declines are a “cause for concern” that became apparent in October, when “there were job losses across Louisiana. “That’s something we really need to be watching moving forward,” he said. “There’s a lot more room for better policies to support more economic growth of less government spending, … putting income taxes on a path to elimination, and reducing regulations.” “That’s the way to really make sure we have a comeback story in Louisiana that is sustainable,” Ginn said. Republished with the permission of The Center Square.
Louisiana lawmakers aim to fix shrimp industry crisis caused by cheap imports
By Victor Skinner | The Center Square contributor A legislative task force convened this week to brainstorm ways to address a crisis in the Louisiana shrimp industry brought on by a flood of imported seafood. The Legislature’s Seafood Safety Task Force met on Wednesday to review state policies for imported seafood in the wake of an ongoing shrimp crisis forcing many Louisiana shrimpers to stay on the dock. Gov. John Bel Edwards last month requested an emergency disaster declaration from the federal government at the behest of the Louisiana Shrimp Association, which has raised the alarm about the safety of imported shrimp that have driven dockside prices below $1 per pound. The Southern Shrimp Alliance made the same requests for disaster declarations from governors in North and South Carolina, Georgia, Alabama, Florida, Mississippi, and Texas. The task force, initially created in 2009, was revived with Senate Resolution 159, sponsored by Sen. Fred Mills, R-Parks, who chaired Wednesday’s meeting. The Louisiana Shrimp Association has repeatedly highlighted how imports of 1.8 billion pounds of farm-raised foreign shrimp have created a record-high global supply and rock bottom prices, despite concerns over harmful antibiotics, chemicals, and toxins that put consumers at risk of food-borne illnesses. The association contends most Louisiana restaurants serve imported shrimp and other seafood but do not clearly label it as required by state law. Despite 2,671 violations since the law was enacted in 2019, the state has not imposed fines available through a separate law. State health officials told the task force that limited funding has also restricted testing of imported seafood, with just 11 inspections in 2023. A lack of oversight on the federal level prompted Republican U.S. Rep. Garret Graves to introduce legislation in August to provide more FDA funding for testing. Along with Edwards’ request for an emergency disaster declaration, he penned a letter to President Joe Biden last month “asking for additional funding for testing of imported shrimp by the Food and Drug Administration, as well as support for random testing, seizure and destruction of shrimp that contain banned substances, and implementation of a quota on the amount of shrimp imported from other countries,” the governor wrote in a letter to Louisiana Shrimp Association. The task force on Wednesday discussed the possibility of sending health inspectors to more of the state’s major ports to improve testing before products reach the state’s 58 distributors, but state health officials noted that would require cooperation with federal authorities that control the ports. Mills suggested officials could possibly intercept transport trucks on state roadways before they reach distributors. Other suggestions centered on adopting a law similar to Texas that bans the use of imported shrimp as bait. A 2020 study by the LSU Agricultural Center that tested imported shrimp from locations in the Baton Rouge area found prohibited antibiotics in 70% of samples, findings that further substantiated prior studies. The task force meeting followed several bills or resolutions introduced in the 2023 legislative session aimed at addressing foreign imports, from increasing the fine in the labeling law to $1,000 to resolutions asking Congress to ban shrimp and crawfish imports and for the FDA and Louisiana Department of Health to improve testing. While multiple resolutions were adopted, the increased labeling fines for restaurants and retailers failed in committee amid pushback from the Louisiana Restaurant Association. The Louisiana Seafood Safety Task Force is expected to meet again in October. Republished with the permission of The Center Square.
Gov. Kay Ivey deploys National Guard to fight Louisiana wildfires
On Monday, Alabama Governor Kay Ivey announced on Twitter that she was deploying Alabama National Guard troops along with two Black Hawk and a Chinook helicopters to Louisiana to fight the wildfires there. Gov. Ivey wrote, “I have authorized the @AlabamaNG to deploy two black hawks and a chinook to assist Louisiana in combatting the devastating wildfires. Our prayers are with all affected and the emergency responders. Alabama stands ready in this time of crisis to help win this fight. @LouisianaGov.” A drought combined with record-breaking high temperatures has led to more than 450 fires in Louisiana. The Tiger Island Fire is the largest wildfire in the state’s history. According to local news reports, it tore through Beauregard Parish in the southwestern part of the state and grew from an estimated 15,000 acres to over 33,000 acres between Friday and Sunday. The fire is currently only 50 percent contained. The fires are already responsible for two deaths. All 1,200 residents of Merryville in Beauregard Parish were forced to evacuate their homes. The fires have already consumed an estimated 20 structures. Mike Strain is commissioner of the Louisiana Agriculture and Forestry Department. “Wildfires this many and of this intensity are unprecedented,” Strain told The Washington Post. Louisiana is one of the wettest states in the country and averages 771 wildfires a year, according to 10-year average data from the department. The state has averaged 21 wildfires per day over the past several weeks, Strain said. “With this kind of heat, the low humidity, and the lack of rainfall, this is probably the driest conditions, the most drought-prone conditions we’ve had in a generation,” Strain said. On Sunday, Louisiana Governor John Bel Edwards held a Unified Command Group meeting with all the responding state and federal agencies who continue to provide state resources and assistance to all parishes impacted by the wildfires. The Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) announced that FEMA has approved Louisiana’s request for a Fire Management Assistance Grant (FMAG) declaration to help with wildfire fighting efforts for the Lions Camp Road Fire and Providence Fire in Vernon Parish. “We remain in constant communication with all of our federal partners and are grateful for their quick approval of our request for assistance to help Vernon Parish combat these dangerous wildfires,” said Gov. Edwards. “The conditions Louisiana is facing are unprecedented, and unfortunately, there is no evidence it’s going to end any time soon. Now is not the time to let our guard down. We must remain vigilant and ensure that we are doing all we can to prevent any additional fires. This means adhering to the statewide burn ban, properly disposing of cigarettes, securing tow chains, and being extra careful to avoid any outdoor activities that involve lighting a fire. Lastly, I want to remind everyone that wildfire smoke is spreading across Louisiana, not just in parishes with active wildfires. You may notice reduced visibility and the smell of smoke. If you have respiratory issues, avoid outdoor activities while these conditions persist.” Louisiana is under a statewide burn ban that remains in place until further notice, and there are no exceptions. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Louisiana lawmakers overturn governor’s veto on gender-affirming care ban for transgender minors
Louisiana’s Republican-dominated Legislature overturned Democratic Gov. John Bel Edwards’ recent veto of a ban on gender-affirming care for transgender minors on Tuesday. Louisiana, where the ban is scheduled to go into effect Jan. 1, 2024, will join 20 other states that have enacted laws restricting or banning gender-affirming medical care, which includes puberty blockers, hormone treatment, and gender-reassignment surgery. Most of those states face now lawsuits, and in some places, the bans have been temporarily blocked by federal judges. Like statehouses across the country, for the last three months Louisiana lawmakers have heard and held debates over gender-affirming care — something that has been available in the United States for more than a decade and is endorsed by major medical associations. Discussions over the ban were marred by misinformation, swarmed with religious arguments, and saw hours of emotional testimony from the LGBTQ+ community At one point, during the regular legislative session, the proposed ban was presumed dead after a Republican lawmaker cast a tie-breaking vote to kill the bill. However, amid pressure from Louisiana Attorney General Jeff Landry and the Republican Party of Louisiana, the bill was resurrected and passed. Gov. Edwards used his power to veto the bill, but in return, the GOP-led Legislature gathered at the Capitol Tuesday for a one-day veto session — only the third such session since 1974. This is the second successful override — the only other being last year when lawmakers overturned Edwards’ veto of a congressional redistricting bill Republicans maintain that they are trying to protect children, while opponents argue the bill would do the opposite, leading to heightened risks of stress, depression, and suicidal thoughts among an already vulnerable group. In addition, supporters of the bill argued that the ban proactively addresses a problem that they fear could intensify — especially if minors from surrounding states, where there are bans, travel to Louisiana to seek gender-affirming care. “If we don’t pass this bill, Louisiana will become the destination for children across the entire South to undergo these life-altering and irreversible medical experiments,” Rep. Gabe Firment, the Republican who authored the bill, said. Those in Louisiana’s LGBTQ+ community say gender-affirming care in the state is not as easily accessible as conservatives make it seem, and the problem being presented is unfounded in the state. “Proponents of this bill suggest that (the legislation is) necessary to stop physicians from attacking our children by performing these sex change surgeries. This is simply not happening in Louisiana,” Rep. Jason Hughes, a Democrat, said Tuesday. Hughes pointed out a report by the Louisiana Department of Health that showed just a few dozen minors received gender-affirming care between 2017 and 2021 and that there have been zero gender-affirming surgeries. The data only factored in Medicaid-enrolled youths. In order to override the governor, a two-thirds approval from both the House and Senate is required. The GOP currently holds a two-thirds majority in both chambers. The override had the votes needed, with a few Democrats siding with Republicans — turning the bill into law, pending any possible court battles that may block or delay the ban. Louisiana joins a growing list of states that have enacted bans. But opponents say they are confident that courts will find the laws unconstitutional and strike them down — similar to what has been seen in Arkansas, Alabama, and Indiana. Louisiana lawmakers also attempted to overturn two other controversial LGBTQ+ bills that Edwards vetoed; a “Don’t Say Gay” bill that broadly bars teachers from discussing gender identity and sexual orientation in public school classrooms, and a measure requiring public school teachers to use the pronouns and names that align with what students were assigned at birth. Both attempts were unsuccessful and, as a result, will not become law. Louisiana’s culture divide over LGBTQ+-related legislation echoes what has been seen in GOP-led statehouses across the country. Bills targeting transgender people have topped conservative agendas, and LGBTQ+ advocates say a dangerous and blatant attack is happening on their community. This year alone, more than 525 anti-LGBTQ+ bills were introduced in 41 states, according to data collected by the Human Rights Campaign, a gay rights organization. Republished with the permission of The Associated Press.
Supreme Court unfreezes Louisiana redistricting case that could boost Black voting power before 2024
The Supreme Court on Monday lifted its hold on a Louisiana political remap case, increasing the likelihood that the Republican-dominated state will have to redraw boundary lines to create a second mostly Black congressional district. For more than a year, there has been a legal battle over the GOP-drawn political boundaries, with a federal judge, Democratic Gov. John Bel Edwards and opponents saying that the map is unfair and discriminates against Black voters. The map, which was used in Louisiana’s November congressional election, has white majorities in five of six districts, all currently held by Republicans. This is despite Black people accounting for one-third of the state’s population. Another mostly Black district could deliver another congressional seat to Democrats. “I’m super excited,” said Ashley Shelton, head of the Louisiana-based Power Coalition for Equity and Justice, one of the groups challenging the maps. “What this does is it puts us back on track to realize a second majority-minority district.” In a written statement, the Louisiana Legislative Black Caucus said, while work still needs to be done, it is “very confident” the state will have two majority-Black districts by the 2024 congressional election. “As I have consistently stated, this is about simple math, basic fairness, and the rule of law,” Edwards said Monday. “I am confident we will have a fair map in the near future.” Every 10 years, state lawmakers — armed with new U.S. Census Bureau information — redraw political boundaries for seats in the U.S. House, state Senate, state House, Board of Elementary and Secondary Education and the Public Service Commission. The process ultimately affects which political parties, viewpoints and people control the government bodies that write laws, set utility rates and create public school policies. The Louisiana case had been on hold pending the decision in a redistricting case involving Alabama. Monday’s order follows the court’s rejection earlier in June of a congressional redistricting map in Alabama. In both states, Black voters are a majority in just one congressional district. Lower courts had ruled that the maps raised concerns that Black voting power had been diluted, in violation of the landmark federal Voting Rights Act. The justices had allowed the state’s challenged map to be used in last year’s elections while they considered the Alabama case. In Louisiana, U.S. District Judge Shelly Dick struck down the map in June 2022 for violating the Voting Rights Act, saying “evidence of Louisiana’s long and ongoing history of voting-related discrimination weighs heavily in favor of Plaintiffs.” Dick ordered lawmakers to hold a special session to redesign the map and include a second majority-Black district. However, lawmakers failed to meet their deadline and, as a result, Dick said she would enact a map of her choosing. The Louisiana case had been appealed to the 5th U.S. Circuit Court of Appeals in New Orleans when the high court put the issue on hold. The justices said the appeal could go forward before next year’s congressional elections. U.S. Rep. Troy Carter, Louisiana’s only Democratic and Black congressman, applauded the Supreme Court for lifting its hold. “This decision shows that in a healthy democracy fair and equitable representation matters, whether to the people of Louisiana or anywhere else in the world,” Carter tweeted. The redistricting process in Louisiana proved to be a political tug-of-war, with the Republican-dominated Legislature and Democrats, including Edwards, fighting over the boundaries since February 2022. Along with the legal battle, the debate over the map included Edwards vetoing the boundaries and the Legislature overriding his veto — the first time in nearly three decades that lawmakers refused to accept a governor’s refusal of a bill they had passed. Republicans have stood by their statements that the map is fair, and argue that trying to include the state’s widely dispersed Black population in two separate congressional districts would result in two districts with very narrow Black majorities that could actually diminish Black voting power. Republished with the permission of The Associated Press.
Supreme Court voting rights ruling stuns minority voters, who hope it expands their representation
This week’s Supreme Court decision ordering Alabama to redraw its congressional districts was seen by many minority lawmakers and voting rights activists as a stunning victory with the potential to become a major stepping stone for undoing political maps that dilute the strength of communities of color. Hank Sanders, a former Alabama state lawmaker who has long been politically active in the state, knew there would be a decision since the court heard arguments in the case last fall. He was not anticipating being happy with the outcome, given that previous rulings of the conservative-leaning court had essentially gutted some of its most important provisions. “I was afraid they were going to go ahead and wipe out section 2,” he said, referring to the part of the Voting Rights Act at stake in the Alabama case. He was at his law office Thursday in Selma, scene of one of the most pivotal moments in the Civil Rights Movement, when news of the 5-4 ruling in favor of Alabama’s Black voters was announced. “It was a surprise that was good for my day,” he said. How the decision will affect similar lawsuits against political maps drawn in other states is unclear, although voting rights groups say the ruling provides firm guidance for lower courts to follow. The court majority found that Alabama concentrated Black voters in one district, while spreading them out among the others to make it much more difficult to elect more than one candidate of their choice. Alabama’s Black population is large enough and geographically compact enough to create a second district, the judges found. Just one of its seven congressional districts is majority Black, in a state where more than one in four residents is Black. Similar maps have been drawn in other states, primarily by Republican-controlled legislatures. Kareem Crayton, the Brennan Center’s senior director for voting and representation, called the court’s decision “a welcome surprise” and said challenges to the maps in Louisiana and Georgia were the most similar to the Alabama case. While it was considering the Alabama case, the Supreme Court had placed a hold on a lower court ruling in Louisiana allowing creation of a second majority-Black district. That’s now likely to be lifted. A federal judge last year also ruled that some of Georgia’s U.S. House and state legislative districts likely violated the Voting Rights Act, but he had allowed the districts to be used in the 2022 elections because it was too close to the election to redraw them. Maps in all three states could have to be redrawn for the 2024 elections. Louisiana Gov. John Bel Edwards, a Democrat, said in a statement that the court’s action reaffirmed his own belief that Louisiana’s map, which was drawn by the Republican-controlled Legislature, violated the law. “As I said when I vetoed it, Louisiana’s current congressional map violates the Voting Rights Act,” he said. “Louisiana’s voting population is one-third Black. We know that in compliance with the principles of the Voting Rights Act, Louisiana can have a congressional map where two of our six districts are majority Black.” Rep. Troy Carter, a Black Democrat representing Louisiana’s lone district that is majority Black, said the Legislature should immediately convene to draw a second majority-minority district. “This Supreme Court ruling is a win not just for Alabamians but for Louisianans as well,” Carter said in an emailed statement. “Rarely do we get a second chance to get things right — now Louisiana can.” In Georgia, Bishop Reginald Jackson, a plaintiff in one of the lawsuits challenging the state’s congressional map, said he was ecstatic when he heard the news about the ruling and hopes it will boost their case. He said he became involved in the lawsuit amid concerns that the state’s Black population had increased while the number of Black congressional representatives had decreased with the last round of redistricting. “So how could you have less Black representation when you have more Blacks moving into the state than before?” said Jackson, who presides over 534 African Methodist Episcopal churches in Georgia with over 90,000 parishioners The Alabama case, along with pending lawsuits in Georgia and Louisiana, means Black voters will likely have an opportunity to elect candidates in three additional districts, said Marina Jenkins, executive director of the National Redistricting Foundation, one of the organizations that has spearheaded voting rights challenges in the states. She said litigation in Texas by other plaintiff groups could mean additional seats there where minority voters “have the opportunity to elect candidates of their choice that don’t exist now.” Texas state Rep. Victoria Neave Criado, a Democrat who chairs the Mexican American Legislative Caucus, said the case was a “major win for voting rights.” She said following recent decisions by the current court in other areas she considers fundamental, such as last year’s overturning of the constitutional right to abortion, she was concerned about the direction the justices would take with voting rights and was relieved to see Thursday’s outcome. “As we are seeing the Latino community rise in many ways, we want to ensure that Latino power is translated into Latino political power,” Neave Criado said. Latinos and whites share an equal proportion of the Texas population, about 40% each, according to 2022 Census figures. Nina Perales, vice-president of litigation with the Mexican American Legal Defense and Educational Fund, said the ruling closes the door on Texas using arguments similar to those made by Alabama as the cases there go forward. Perales leads the litigation for a similar case out of Texas, which is based on the redistricting maps created in 2021. In addition to the Voting Rights Act challenge to Texas’ congressional districts, similar section 2 claims have been brought against numerous voting districts used for state legislatures and local governments around the country. Attorney Mark Gaber argued a case this week alleging Washington’s state legislative districts diluted the voting strength of Hispanic residents and will be arguing a similar case next week involving Native Americans and North Dakota’s state legislative districts. He thinks Thursday’s ruling will strengthen the case. In Alabama, the question
Louisiana Senate passes bill banning gender-affirming care for transgender youths
A controversial bill — that at one point had been presumed dead — banning gender-affirming medical care for transgender youths in Louisiana was passed by the Senate on Monday and is likely to reach the governor’s desk in the coming days. The bill, which passed in the Senate mainly along party lines, 29-10, would prohibit hormone treatments, gender-affirming surgery, and puberty-blocking drugs for transgender minors in Louisiana. The measure will go back to the House, which has already overwhelmingly passed the legislation, to approve minor amendments, including pushing back the effective date of the law to Jan. 1, 2024. If the House concurs, the legislation would be sent to the desk of Gov. John Bel Edwards, a Democrat who opposes it. Edwards has not said whether he would veto the bill. If he does, lawmakers could convene a veto session to try to override his decision. Last session, Edwards chose not to block a law banning transgender athletes from participating in women and girls sports competitions in Louisiana, although he successfully vetoed a similar measure last year. The proposed gender-affirming care ban gained national attention last month when a Senate committee voted to kill the bill. Longtime Republican state Sen. Fred Mills was the tiebreaker vote, opposing the legislation citing that he “relied on science and data and not political or societal pressures.” In a year when restrictions and prohibitions on gender-affirming care for transgender youths has been a priority on conservative agendas — with at least 18 states enacting laws limiting or banning the medical care, including all three of Louisiana’s bordering states — the rejection of the controversial legislation did not go unnoticed. In the days after the vote to defer the bill, state Attorney General Jeff Landry, who is a GOP gubernatorial candidate this year, and the Republican Party of Louisiana put pressure on Republicans to resurrect the bill. In a rare procedural move, the Senate voted to recommit the controversial bill to a different committee, successfully giving it a second chance at life. Additionally, anti-transgender activists took to social media, including conservative political commentator Matt Walsh, who tweeted to his nearly 2 million followers that Mills would regret his decision and that it is “the biggest mistake of his political career.” Mills, who is term-limited, told lawmakers on the Senate floor Monday that despite his family, businesses, and himself being harassed for his decision at the Capitol, he was proud of his vote and called it a “defining moment” in his legislative career. “I want to tell you, this is probably one of the biggest blessings in my life, this controversy. I’ve been attacked nationwide, but I don’t hate those people… they’re passionate about their issue,” Mills said. “The people that contacted me throughout the United States … thanking me that maybe we prevented a suicide (with the committee vote), I will let you all know I love you, and I hope things work out for you.” Opponents of the ban, argue that gender-affirming care, which is supported by every major medical organization, can be lifesaving for someone with gender dysphoria, which is distress over gender identity that doesn’t match a person’s assigned sex. Advocates for the LGBTQ+ community fear that without the care, transgender children could face especially heightened risks of stress, depression, and suicidal thoughts. “When people, especially our youth, talk about suicide, that’s not something that you take lightly,” said Sen. Gerald Boudreaux, a Democrat opposing the bill. “You wait too long, and you are at the funeral home.” Proponents of the legislation argue that the proposed ban would protect children from life-altering medical procedures until they are mature enough to make such serious decisions. “This isn’t complicated. Kids should not have access to permanent medical procedures in order to affirm an identity that they might outgrow,” Republican Sen. Jeremy Stine said. Currently, children in Louisiana need parental permission to receive any gender-affirming health care before they turn 18. Republished with the permission of The Associated Press.
Revival sought for pastor’s lawsuit over COVID restrictions
An outspoken Christian conservative attorney from Alabama has asked a federal appeals court to revive a Louisiana pastor’s damage claims against state officials over long-expired COVID-19 restrictions. A federal judge this year dismissed minister Tony Spell’s lawsuit against Gov. John Bel Edwards and others over enforcement of the ban. Spell drew national attention for his flouting of the restrictions early in the pandemic at his church in Central, near Baton Rouge. One of Spell’s attorneys is Roy Moore, the former Alabama Supreme Court justice and Senate candidate. Moore insisted in arguments this week before a panel of judges from the 5th U.S. Circuit Court of Appeals that the state had no authority whatsoever to restrict church gatherings. Panel members appeared skeptical of that claim in arguments recorded as they were held Monday in Fort Worth, Texas. But they raised the question of whether Spell’s church was unfairly restricted, compared with other public gathering places, such as shopping mall food courts. “They have treated us differently,” Moore said. “But the basis of our argument is there is no jurisdiction to limit a church attendance.” Spell has had legal victories in his fight with the state. Louisiana’s Supreme Court, in May, threw out state charges against him, ruling 5-2 that Edwards’ restrictions in place at the time violated Spell’s freedom of religion. But his lawsuit that includes claims for damages over the gathering restrictions was thrown out by U.S. District Judge Brian Jackson in Baton Rouge. Jackson ruled in January that the lawsuit was moot because the restrictions expired long ago. And Jackson rejected Spell’s request for damages from state and local officials, ruling that “there is not now, and never has been, a ‘clearly established’ right to unrestricted religious assembly, and at all relevant times Defendants reasonably believed that they were acting within the constitutional limits set by the Supreme Court and the Fifth Circuit.” The appellate judges on Monday closely questioned Josh Force, an attorney arguing for the Edwards administration, on whether church assemblies were treated unfairly when compared with other public gatherings, including crowds at shopping malls and Black Lives Matter protests. “Isn’t the food court at the mall at least as dangerous as the worship center?” Judge Jennifer Walker Elrod asked. Force argued that Edwards was acting under the best advice of public health officials at the time as to what types of gatherings were safe. Hearing the case was Elrod and 5th Circuit Chief Judge Priscilla Richman, both nominated to the circuit by President George W. Bush, and Judge Andrew Oldham, nominated by President Donald Trump. Republished with the permission of The Associated Press.
Justices nix 2nd mostly Black district in Louisiana for 2022
The Supreme Court on Tuesday put on hold a lower court ruling that Louisiana must draw new congressional districts before the 2022 elections to increase Black voting power. With the three liberal justices dissenting, the high court short-circuited an order from a federal judge to create a second majority Black congressional district in Louisiana. The state will hold elections this year under a congressional map adopted by its Republican-dominated legislature with white majorities in five of six districts. The court’s action is similar to an order issued in February in Alabama that allowed the state to hold elections in 2022 under a map drawn by Alabama’s GOP-controlled legislature that contains one majority-Black district. Alabama has seven seats in the House of Representatives. The justices are hearing arguments in the Alabama case in October. The Louisiana case will remain on hold under the court renders a decision on the Alabama case, the justices said. Every 10 years, state lawmakers — armed with new U.S. Census Bureau information — redraw political boundaries for seats in the U.S. House, state Senate, state House, Board of Elementary and Secondary Education, and the Public Service Commission. The process ultimately affects which political parties, viewpoints, and people control the government bodies that write laws, set utility rates, and create public school policies. This year’s redistricting process in Louisiana has been a tense political tug-of-war, with the Republican-dominated legislature and Democratic Gov. John Bel Edwards fighting over the boundaries since February, when lawmakers approved a congressional map with white majorities in five of six districts. The governor vetoed the map. However, the legislature overrode the veto — marking the first time in nearly three decades that lawmakers refused to accept a governor’s refusal of a bill they had passed. Democrats and the Louisiana Legislative Black Caucus argue that the adopted map dilutes the political clout of African American voters and that based on “simple math,” at least two of the six districts should have Black majorities. Nearly one-third of Louisiana’s population is Black. Sen. Sharon Hewitt, a Slidell Republican and a leader in the remapping effort, has insisted that trying to include the state’s widely dispersed Black population in two separate congressional districts would result in two districts with very narrow Black majorities that could actually diminish Black voter power. Along with tense debate on Louisiana’s House and Senate floor, the legal battle to determine the state’s congressional boundaries has played out simultaneously, at all three levels of the federal judiciary. In early June, U.S. District Judge Shelly Dick struck down the map for violating the Voting Rights Act, citing that the “evidence of Louisiana’s long and ongoing history of voting-related discrimination weighs heavily in favor of Plaintiffs.” She ordered lawmakers to redesign the map and, this time, include a second majority Black district by June 20. The 5th U.S. Circuit Court of Appeal briefly put a hold on Dick’s deadline but later removed the hold and scheduled to hear arguments in July. With little willingness to compromise from the GOP and a tight deadline that was not extended, the session ended with no new map, and as a result, the task was passed to Dick. The judge scheduled a hearing on the issue for Wednesday, but it has been canceled following the Supreme Court’s decision. Republished with the permission of The Associated Press.
Foundation for Moral Law wins religious freedom victory in Louisiana
The Foundation for Moral Law, an Alabama-based nonprofit organization dedicated to the defense of religious liberty, claimed victory in a Louisiana case involving Pastor Aaron Spell of Life Tabernacle in Central, Louisiana. Spell was cited for six misdemeanor violations of the Governor’s church closing order in 2020. In 2020, in response to the COVID pandemic, Louisiana Governor John Bel Edwards issued an executive order closing most businesses, including churches with ten or more people. Exceptions were provided for certain “essential” businesses, but the order did not classify churches as essential. However, Spell continued to hold worship services and was arrested for doing so. Pastor Spell contacted the Foundation for Moral Law for assistance. Judge Roy Moore, the founder of the foundation, agreed to defend him. They also retained Louisiana Attorney Jeffrey Wittenbrink as local counsel. While adjudication continues in federal court, now at the 5th Circuit Court of Appeals, Attorney Wittenbrink appealed to the Louisiana Supreme Court to quash the criminal charges against Pastor Spell. Wittenbrink argued that this was unconstitutional state interference with the church in violation of the First Amendment and of various state constitutional provisions and statutes. On Friday, May 13, the Louisiana Supreme Court ruled in favor of Pastor Spell and his church, quashing the misdemeanor citations. The Court held that the Governor’s orders were unconstitutional because they discriminated against religion by exempting other activities and that the Governor had failed to show evidence that these restrictions were necessary to protect the public. “Pandemic or not,” the Court said, “this court cannot look the other way when the state infringes upon a citizen’s fundamental right to exercise his religion.” Judge Moore said on behalf of Spell, “Religious liberty is the first and foremost right granted by God and guaranteed by the First Amendment to the United States Constitution, and by the Louisiana State Constitution as well. The Foundation hails this case as a milestone in the defense of freedom.” Attorney Wittenbrink added, “Even the dissenting opinion refrained from saying the Governor’s orders were constitutional. The dissent only wanted to remand the case to the lower court to make more findings of fact to support its conclusion. But the majority held that the State had the burden to produce that evidence and that the State had failed to do so.” Pastor Spell thanked God for moving the courts to grant this victory and for leading him to the Foundation. “All along,” he said, we have placed ourselves in God’s hands and declared with the apostles in Acts 5:29, ‘We ought to obey God rather than men.’ We are thankful for this victory and will continue to preach and worship Jesus Christ as he has commanded us.” The case will now proceed in the 5th Circuit Court of Appeals on the issue of state interference with the church using COVID restrictions as an excuse to violate the Establishment Clause of the First Amendment to the United States Constitution.
3 Gulf Coast states get $1.9B in HUD disaster grants
Three Gulf Coast states are getting $1.9 billion in federal grants to help recover from hurricanes and floods over the past two years and become more resilient to climate change, the U.S. Department of Housing and Urban Development said Tuesday. Grants totaling $1.7 billion to Louisiana, $189.5 million to Alabama, and $16.6 million to Mississippi are among $3 billion nationwide aimed at both disaster recovery and building “long-term, inclusive resilience to the impacts of climate change,” HUD said in a news release. In addition to the state grants, the cities of Lake Charles and Baton Rouge are getting more than $15 million for recovery from last spring’s floods, the agency said. “These disaster recovery funds will strengthen recovery efforts and improve long-term, inclusive resilience to future disasters and climate impacts,” HUD Secretary Marcia L. Fudge said. “Communities will have greater resources and focus to ensure equitable outcomes for underserved households that too often bear the brunt of climate-related disasters.” The block grants announced Tuesday completed $5 billion in grants authorized by Congress in 2021. Louisiana Gov. John Bel Edwards said he was grateful for the money. “However, the need is much greater, which everyone we have spoken with in Washington acknowledges. We will continue working to secure that additional funding,” Edwards said. Alabama’s grant will aid recovery from Hurricane Sally in September 2020 and Hurricane Zeta the following month and help to prevent future damage. Mississippi is getting $8.2 million for Zeta and $8.4 million for 2021′s Hurricane Ida. Louisiana is receiving $1.27 billion for recovery from Hurricane Ida and from flooding that occurred from May 17 to 21, 2021, and $450 million to continue recovery from Hurricanes Laura and Delta in 2020. Lake Charles is getting nearly $10.8 million to help it recover from the May 2021 floods, with $4.6 million for Baton Rouge. Including $600 million allocated last year, Louisiana has now received about $1 billion in HUD grants for recovery from Laura and Delta, which were among three hurricanes and two tropical storms to make landfall in the state in 2020 — a state record. Ida was one of two hurricanes to do so in 2021. Edwards noted that Louisiana also is getting $40 million out of $60 million announced earlier this week to help Hurricane Ida survivors in four states. New Jersey is getting $10 million and Mississippi and Pennsylvania $5 million each. The aim is to get flood mitigation grants out quickly to residents with either substantially damaged structures or repetitively flooded properties insured under the National Flood Insurance Program. Republished with the permission of the Associated Press.
Joe Biden says Ida, wildfires show ‘climate crisis’ has struck
President Joe Biden on Thursday pledged robust federal help for the Northeastern and Gulf states battered by Hurricane Ida and for Western states beset by wildfires — with the catastrophes serving as deadly reminders that the “climate crisis” has arrived. “These extreme storms, and the climate crisis, are here,” Biden said in a White House speech. “We must be better prepared. We need to act.” The president said he will further press Congress to pass his nearly $1 trillion infrastructure bill to improve roads, bridges, the electric grid, and sewer systems. The proposal intends to ensure that the vital networks connecting cities and states and the country as a whole can withstand the flooding, whirlwinds, and damage caused by increasingly dangerous weather. Biden stressed that the challenge transcends the politics of a deeply divided nation because of the threats posed by the storms and fires. “It’s a matter of life and death, and we’re all in this together,” the president said. Scientists say climate change increases the frequency of extreme weather events — such as large tropical storms and the droughts and heatwaves that create conditions for vast wildfires. U.S. weather officials recently reported that July 2021 was the hottest month ever recorded in 142 years of record-keeping. Ida was the fifth-most powerful storm to strike the U.S. when it hit Louisiana on Sunday with maximum winds of 150 mph (240 kph), likely causing tens of billions of dollars in flood, wind, and other damage, including to the electrical grid. The storm’s remnants dropped devastating rainfall across parts of Maryland, Pennsylvania, New York, and New Jersey on Wednesday, causing significant disruption to major population centers. The storm has killed at least 13 in the Gulf Coast region and at least 46 in the Northeastern U.S. More than 1 million homes and businesses in Louisiana and Mississippi remained without power after Ida toppled a major transmission tower and knocked out thousands of miles of lines and hundreds of substations. New Orleans was plunged into total darkness; power began returning to parts of the city Wednesday. Biden is set to visit Louisiana on Friday to survey some of the damage and meet with government officials there. Biden said the flooding in Louisiana was less than the region experienced 16 years ago during Hurricane Katrina, crediting federal investments in the area’s levee system. “We know that there is much to be done in this response on our part,” Biden added. “We need to get power restored. We need to get more food, fuel, and water deployed.” He said he was receiving hourly updates on the disaster response and outlined efforts by the federal government to ease recovery efforts, including by making satellite imagery available to utility companies and waiving some regulatory requirements. At Biden’s request, the Energy Department said it was releasing 1.5 million barrels of oil from the nation’s Strategic Petroleum Reserve to ensure a steady fuel supply in the Gulf region, where sunken vessels are blocking key supply lines along the Mississippi River. The oil will be used by ExxonMobil at its Baton Rouge refinery. The company has agreed to replenish the strategic reserve, which is used as an emergency stockpile, within three months. The president also scolded insurers who are declining to pay for the costs of damage or hotel stays for people who had to evacuate their homes. “Don’t hide behind the fine print and technicalities,” Biden warned the insurers. “Do the right thing and pay your policyholders what you owe them.” Biden said separately that the Pentagon was assisting with ongoing firefighting operations in California against the Caldor fire. Louisiana Gov. John Bel Edwards suggested Biden’s Friday visit would be crucial for the president to understand the destruction by seeing the widespread damage for himself. “There’s nothing quite like visiting in person,” Edwards told reporters Wednesday following a briefing with local elected officials in Jefferson Parish, which took direct blows from Ida. “When you see it for yourself, it is just so much more compelling.” Asked what type of assistance he planned to request from Biden, Edwards said, “Quite frankly, the list is going to be very, very long.” But he said a priority would be for a housing program to help people rebuild. The White House says Biden has held several conference calls with governors and local officials to discuss preparations and needs after the storm and has received briefings from Federal Emergency Management Agency Administrator Deanne Criswell. FEMA had sent tons of supplies, including generators, tarps, and other materials to the region before the storm, and federal response teams are working on search and rescue. Biden’s trip Friday to the Gulf region will cap a difficult stretch for the president, who oversaw the chaotic exit of the U.S. military from Afghanistan after a 20-year engagement. That included the deaths of 13 U.S. service members helping evacuate more than 120,000 Americans, Afghan allies, and others fleeing life under Taliban rule. As Ida bore down on the Gulf Coast on Sunday, Biden was at Dover Air Force Base in Delaware to witness the return of the remains of the 13 U.S. servicemen and women who were killed in a suicide bombing last week at Afghanistan’s airport in Kabul, where the evacuations were taking place. Republished with the permission of the Associated Press.
