The Louisiana Supreme Court's Alarming U-turn

The Louisiana Supreme Court’s Alarming U-turn

In The News | September 5, 2024

The Pelican State deserves a judicial system that stands firmly on principles — not one swayed by the most recent political winds.

Louisiana’s reputation as a “judicial hellhole” is not just a label — it’s a reflection of systemic issues within the state’s civil courts that threaten both justice and economic prosperity.

The recent move by the Louisiana Supreme Court to revisit and reverse a case that it decided a mere 82 days beforehand without any new laws or facts coming to light highlights the unpredictability and lack of transparency that troubles the state’s judicial system.

On May 10, the court agreed to revisit a March 22 decision that struck down a state law that retroactively extended the statute of limitations in abuse cases. The court ruled that the new law was unconstitutional.

But on June 12, the court reversed its decision without providing a clear reason for this abrupt about-face.

Justice James Genovese’s dissent aptly noted, “This ruling on rehearing elevates a legislative act over a constitutional right and obliterates the vested right of accrued prescription, which has been precedent in our law for decades.”

It is highly uncommon for a court to change its mind so soon after making a decision, especially when nothing underlying the matter at issue has changed and there has been no change in the court’s makeup.

This unusual move, seemingly influenced by pressure from the Legislature and Attorney General Liz Murrill, who criticized the court’s initial decision, casts a shadow over the integrity and independence of Louisiana’s judicial system.

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