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February 2019

January 2019

Answering a constitutional appeal to the LASC

Under La. Const. art. V § 5(D), the Louisiana Supreme Court has appellate jurisdiction when a law or ordinance has been declared unconstitutional. Let’s say that a plaintiff sues to have three statutes declared unconstitutional. The trial court renders a final judgment declaring two of the statutes unconstitutional but the third constitutional. The defendant appeals. Can the plaintiff answer the appeal and ask the Supreme Court to declare the third statute unconstitutional? The answer is “yes.” The case saying so is Louisiana High School Athletic Association v. State, 2012-1471 (La. 1/29/13), 107 So. 3d 583.