U.S. District Judge John deGravelles’ ruling that the law is
unconstitutional remains in effect under the order from the 5th
U.S. Circuit Court of Appeals. However, the appellate court
temporarily blocked a part of the ruling that requires state
education officials to notify public schools statewide that the
law has been struck down.
State attorneys said in an emergency stay motion filed Wednesday
that deGravelles' finding that the commandments posting
requirement is unconstitutional only affects five local school
systems that are defendants in the case. They said deGravelles
overstepped his authority when he ordered that schools in all 72
districts be notified of his finding. They asked that the
notification requirement be paused immediately while they appeal
all of deGravelles' order. That broader appeal was filed later
Friday night.
Friday’s 5th Circuit order was a temporary “administrative stay”
granted in response to the state's emergency request. The order
may be altered or lifted as the appeal progresses. Judges Jerry
Smith, nominated to the court by former President Ronald Reagan,
and Kurt Engelhardt, nominated by former President Donald Trump,
voted to grant the stay in a one-sentence order. A footnote said
Judge James Graves, nominated by former President Barack Obama,
would have denied the stay.
Attorney General Liz Murrill celebrated the ruling in a Friday
evening social media post.
“I look forward to immediately working with all of our school
boards who are not involved in this lawsuit to implement the law
soon,” she wrote.
The law specifies a version of the Ten Commandments must be
posted in all Louisiana public classrooms from K-12 and at
public universities by Jan. 1. It was passed by the
Republican-dominated Legislature this year and signed by
Republican Gov. Jeff Landry in June.
DeGravelles ruled Tuesday that the law was “overtly religious”
and “unconstitutional on its face.” He said state Superintendent
of Education Cade Brumley and the state education board — who
are defendants in the lawsuit — can take no steps to implement
the law. And he told them to notify all school boards that it
has been found unconstitutional.
Murrill, a Republican ally of Landry, said the state disagrees
with the entire ruling. However, she said the notification
requirement created an immediate problem because it will confuse
school systems where, the state contends, the law remains in
effect.
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