Supreme Court of Louisiana, 1974

Roy v. Edwards

Roy v. Edwards
Supreme Court of Louisiana · Decided March 8, 1974 · Barham
290 So. 2d 898; 1974 La. LEXIS 3345 (Southern Reporter, Second Series)

Roy v. Edwards

Opinion of the Court

In re: Edwin W. Edwards, Wade O. Martin, Jr., Louis Michot, State Board of Education, La. Board of Regents, State Board of Education, the La. Coordinating Council for Higher Education and the Individual Members thereof, applying for writs of Certiorari, Prohibition and Mandamus.

Writ granted.

Dissenting Opinion

BARHAM, J.,

dissents from the grant. Ordinarily, in fact almost without exception, I am of the opinion a member of this Court should not dissent from granting of a writ. I depart here for the first time because the majority has mechanistically and with literality applied a procedural rule, R.S. 13:4431, to grant a writ to determine if a suspensive appeal must be granted each time a legislative act is declared unconstitutional even if the act’s implementation could make null and void constitutional bodies and disrupt government function.

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