WILLIE CALHOUN JR ET AL v. NANCY LANDRY (2025)

The Louisiana Legislature met in extraordinary session November 6, 2024 to November 22, 2024. At that special session, House Bill No. 7 passed by bi-partisan and overwhelming majorities. This measure passed the Senate 39-0 and House 87-11 and proposes a comprehensive revision of Article VII of the Louisiana Constitution. Act 1 of the 2024 3rd Ex. Session (“Act 1”).

I agree with the analysis, reasoning, and result of our Per Curiam opinion. I write separately to observe that this action attacks Act 1 at this late hour, in the middle of voting, after waiting over three months from the enactment of Act 1. La. C.C.P. art. 855.1. expressly provides that “[a]ll civil actions alleging that a law is unconstitutional shall be in writing and be brought in an ordinary proceeding.” (Emphasis added.) The use of this injunction proceeding to attack both Act 1 and the people's right to vote is procedurally deficient.

This Court serves as the final arbiter of the authority of the Legislature under our Constitution and as the guardian of that Constitution. If the ballot language were inaccurate this Court would act to protect the voters. That is not the case here. I agree that Act 1 was constitutionally adopted, and Amendment 2 is therefore properly before the people.

The claims in this petition lack merit, therefore any extension of these proceedings only serves to distract or confuse voters. The final decision on Amendment 2 rests solely and squarely with the people of Louisiana who will vote and decide its fate between now and March 29, 2025.

COLE, J., additionally concurs and assigns reasons: