Louisiana
Questions surround Ten Commandments law set to take effect in Louisiana on Jan. 1
NEW ORLEANS (WVUE) — For 67 public school districts in Louisiana, the new law that requires them to display the Ten Commandments in classrooms goes into effect Wednesday (Jan. 1), despite a federal judge issuing an injunction on behalf of plaintiffs who sued from five other school boards to block the measure.
The American Civil Liberties Union threatens to sue any school district that follows through with the law, sending mixed signals for educators going into the new year.
The ACLU joined other free speech and religious freedom groups in a lawsuit against the state after Gov. Jeff Landry signed HB 71 into law over the summer. The law requires public K-12 and state-funded university classrooms to display a poster-sized, state-approved version of the Ten Commandments with “large, easily readable font.”
Federal judge John W. DeGravelles ruled the plaintiffs have adequately demonstrated the likely unconstitutionality of the law and that it would lead to unconstitutional religious coercion of students. The U.S. Fifth Circuit Court of Appeals then ruled that the injunction only applies to the school boards named in the lawsuit: East Baton Rouge, Livingston, Orleans, St. Tammany and Vernon.
“If you are not part of the lawsuit, you are not under the judge’s order,” said Andrew Perry, staff attorney for the ACLU of Louisiana.
Before schools let out for winter break, the ACLU of Louisiana sent a letter to all superintendents for school boards not in the lawsuit, warning them of the federal judge’s ruling and that if any other district displays the Ten Commandments, it also would be sued.
“Compliance with the law would be engaging in unconstitutional conduct and we urge them not to post the Ten Commandments,” Perry said.
The letter said in part: “Even though your district is not a party to the ongoing lawsuit, and therefore is not technically subject to the district court’s injunction, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public school officials may not comply with H.B. 71.”
In response, Louisiana Attorney General Liz Murrill sent out her own statement, saying she will support any school district that hangs up the Ten Commandments in 2025. She said guidelines will be offered to show districts how they can abide by the new law, and how citizens can print and donate posters that meet the state guidelines. Murrill’s office did not say when those guidelines will be available.
Her statement reads: “HB 71 requires Louisiana classrooms to reflect certain displays of the Ten Commandments as students return from winter break. This week, I will publish guidance to schools on how to comply — in a constitutionally sound manner — with HB 71, including specific displays that citizens may print and donate to their schools.
“I have received inquiries regarding whether a federal court injunction against five school boards (Livingston, St. Tammany, Vernon, East Baton Rouge, and Orleans) prevents other schools from complying with HB 71. It does not. The injunction does not bind schools who are not parties to that litigation, which is ongoing in the Fifth Circuit. Accordingly, I look forward to working with the remainder of our schools as they come into compliance with HB 71.”
Meanwhile, Murrill and the state face another lawsuit tied to HB 71 that was filed by New Orleans history teacher Chris Dier. He says he recently brought up his lawsuit to his high school class before the semester exams.
“I remember asking how many know that I am currently suing the state, and all but one raised their hand. And then the questions started flowing,” Dier said.
Dier says he wanted to file his own lawsuit to emphasize constitutional protections for educators and students in the classroom.
“This would inevitably alienate Catholics, non-Christians, Muslims, Jewish students, Hindu students, atheist students,” Dier said. “Students want to feel seen. They want to be heard and valued.”
While the legal battles play out, Dier says he wants to spend time in the new year educating his class on the impact of the Ten Commandments law in Louisiana and the rest of the country.
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The supreme court handed a win on Friday to oil and gas companies fighting lawsuits over coastal land loss and environmental degradation in Louisiana.
The 8-0 procedural decision gives the companies a new day in federal court after a state jury ordered Chevron to pay upward of $740m to clean up damage to the state’s coastline, one of multiple similar lawsuits.
Backed by the Trump administration, the companies argued the case belongs in federal court because they began oil production and refining during the second world war as US contractors. They deny responsibility for land loss in Louisiana and say it is wrong to sue them for what they did before state environmental regulations were in place.
Louisiana’s coastal parishes have lost more than 2,000 sq miles (5,180 sq km) of land over the past century, according to the US Geological Survey, which has also identified oil and gas infrastructure as a significant cause. The state could lose an additional 3,000 sq miles (7,770 sq km) in the coming decades, its coastal protection agency has warned.
The Republican governor, Jeff Landry, backed the lawsuits when he was attorney general, despite being a longtime oil and gas industry supporter. Attorneys for local Louisiana leaders say the supreme court appeal was a stalling tactic.
The companies appealed to the high court after jurors in Plaquemines parish – a sliver of land straddling the Mississippi River into the Gulf – found that energy giant Texaco, acquired by Chevron in 2001, had for decades violated Louisiana regulations governing coastal resources by failing to restore wetlands affected by dredging canals, drilling wells and billions of gallons of wastewater dumped into the marsh.
The case is one of dozens of lawsuits filed in 2013 alleging oil giants including Chevron and Exxon violated state environmental laws for decades.
The companies asked the justices to overturn a 2024 decision from the US court of appeals for the fifth circuit that allowed the suit to stay in state court.
Justice Samuel Alito recused himself from the case, saying he had financial ties to ConocoPhillips. He had recused himself from other cases due to his stock holdings.
Incarcerated people with nonunanimous jury convictions would be able to send an application for parole to the committee within its first year.
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BATON ROUGE — A bill that would allow a committee to recommend parole to incarcerated Louisiana residents who received convictions through nonunanimous jury verdicts advanced 4-3 along party lines in a Senate judiciary committee.
Senate Bill 215 would allow the Department of Public Safety and Corrections to create a committee to review the appeal records of cases with nonunanimous convictions.
Incarcerated people with nonunanimous jury convictions would be able to send an application for parole to the committee within its first year. The committee would end after three years.
Democrats and advocacy groups opposed the bill, saying it did not go far enough to correct the problems.
The bill is meant to address possibly unjust convictions that are no longer legal in Louisiana after a constitutional amendment requiring unanimous verdicts passed in 2018.
The original law, allowing for convictions on as little as a 9-3 vote, was part of the 1898 constitutional convention, and it was designed to dilute Black jurors’ votes.
Louisiana changed the requirement to a 10-2 vote during the 1973 constitutional convention. Oregon, the only other state that allowed nonunanimous juries, had the same requirement.
Under the new bill, clerks of court would provide applicants with their records free of charge, and district attorneys and victims could respond at hearings.
Sen. Patrick McMath, R-Mandeville, who wrote the bill, said the legislation was a compromise between district attorneys who believed in the validity of convictions and criminal justice advocates.
“There’s likely not a way that either of those groups can come to a full consensus, but I think it was important to have the discussions and to continue to have the discussions,” McMath said.
Bradley R. Burget, president of the Louisiana District Attorney’s Association, supported the bill.
“We’re not exactly happy with it,” Burget said. “There’s a lot of the members of the DA’s association that may not be 100% for this, but I think this is something that they can live with.”
Zachary Daniels, the association’s executive director, liked the bill’s provision giving the committee authority to determine which nonunanimous convictions are just since “many of these contain strong evidence and are valid convictions where the prosecutor played by the rules at the time.”
Before the legislative session, the association found at least 1,215 cases a committee could analyze.
Daniels said it would be impossible to retry all of these cases because witnesses, officers and victims may no longer be available, and evidence may no longer exist.
The extensive list of issues the committee could consider includes the length of jury deliberations, the strength of the state’s case, the effectiveness of the defense attorney and evidence of racism.
Former Rep. Randal Gaines, who is now chair of the Democratic Party of Louisiana, filed a similar bill in 2022 that included the same list of issues that could be reviewed.
Herman Evans, who spent 37 years in prison after a nonunanimous jury convicted him in 1989 for a second-degree murder he did not commit, opposed the bill. Even after the perpetrator confessed in 2012, Evans did not get a hearing until 2024.
“That bill ain’t going to do nothing,” Evan said. “They’ve got the parole board. They’ve got the clemency board. It’s about the same board. And it costs about the same if you bring them back and let them get denied.”
Daniels said the expected cost to implement the bill is $1.8 million, based on a study resolution written for the 2025 legislative session by Sen. Charles Owen, R-Rosepine.
Owen also filed House Bill 219 that would allow courts to have resentencing hearings for nonunanimous convictions. The House Committee on Administration has not heard the bill yet.
One issue that arose in the meeting was the governor’s impact on the committee.
The governor would appoint to the committee three retired appellate court judges or Louisiana Supreme Court justices, one retired district attorney or assistant district attorney and one retired public defender.
The district attorney and public defender appointees would come from a list of three nominations from the Louisiana District Attorneys Association and the state public defender.
Although all five members would need to agree that a conviction was unfair, the current bill would allow the governor to make final decisions on releasing applicants.
The current bill does not provide details on the governor’s power. Daniels said the bill would eventually include that language after input from attorneys from the governor’s office.
Daniels also noted that there may be some conflict between the committee’s final decision and Gov. Jeff Landry’s tough-on-crime approach.
Sarah Gozalo of the Promise of Justice Initiative expressed concerns about the governor’s ultimate power.
“If we find that miscarriage of justice, the solution is, we will ask the governor — the one person who, in 2018, opposed getting rid of nonunanimous jurors,” Gozalo said.
Other opponents of the bill suggested keeping the bill in committee until it was amended to address their concerns.
Bruce Reilly, deputy director of Voice of the Experienced, and Erica Navalance, a criminal defense attorney, recommended adding post-conviction evidence to the records the committee sees to prove claims of ineffective defense counsel or prosecutorial misconduct.
McMath declined to defer the bill.
“I think that holding it up in this committee doesn’t necessarily give the chance to continue to move on through the process, where we all know that things sometimes can change and get new input,” McMath said.
Sen. Royce Duplessis, D-New Orleans, who had a similar bill in 2025 that did not pass, objected to the bill’s advancement.
“Just know that this is not an easy objection for me,” Duplessis said. “And if this bill does advance, I want to continue, or at least I want to work with you, to try to find a solution, because it’s been stated repeatedly, we’re not quite there.”
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