Rep. Troy Hebert, D-Jeanerette, has asked Attorney General Charlie Foti to rule on the constitutionality of some proposed legislation that attempts to address the insurance crisis in LA. See story here.

Here’s Foti’s problem.

All laws passed by the leges are presumed constitutional until found otherwise by a court of law.

As Attorney General and chief lawyer of LA, Foti is required to defend the laws of LA whether he agrees with them or not. That’s his job. Foti cannot possibly rule on the constitutionality of a proposed law. No more than he can rule on a matter
destined for the courts.

Let’s hope that Foti doesn’t waste too much of the taxpayers’ money determining that he cannot make such a ruling, like he did determining that he couldn’t rule on whether John Breaux was a “citizen” of LA.

The appropriate time for leges to consider whether a proposed law is constitutional is when it is up for debate in the lege. They’ll have ample time to do that starting April 30.

Meanwhile, Rep. Hebert should accept this Forgotston Opinion, stop wasting the taxpayers’ money and withdraw his request.

C.B.