City Of New Orleans Asks U.S. Supreme Court To Review State’s Nullification Of A Certified Election
NEW ORLEANS — The City of New Orleans filed a petition asking the United States Supreme Court to review the Louisiana Supreme Court’s decision upholding Act 15, which: (i) abolished the elected office of Clerk of Orleans Parish Criminal District Court after voters had elected a candidate to that office; and (ii) transferred its duties to another officeholder.
The petition asks the nation’s highest court to address a fundamental constitutional question: Can a state legislature void the results of a completed election after voters cast their ballots and also prevent those voters from electing the official who will exercise the duties of the newly combined clerk’s office?
The case presents federal constitutional questions under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The petition argues that the right to vote includes not simply the right to cast a ballot, but also the right to have that ballot given effect. It further argues that Orleans Parish voters were treated differently from voters in every other parish in Louisiana because voters elsewhere elected the individuals responsible for the oversight of elections and other important governmental functions.
The Louisiana Supreme Court upheld Act 15 in a closely divided 4-3 decision, with three justices dissenting. The court subsequently denied rehearing, again over the dissents of those same three justices. With the state court proceedings now concluded, the nation’s highest court is the appropriate body to review these important federal constitutional questions.
Mayor Helena Moreno issued the following statement: “I am incredibly proud of our City Attorney’s Office and the extraordinary advocacy in seeking United States Supreme Court review. This is some of the best legal work I’ve ever seen from our City’s Law Department, now led by City Attorney Charline Gipson and her diligent staff. This is exactly what we expect from our legal team when the constitutional rights of the people of New Orleans are at stake. This case is bigger than any one officeholder or any one election. At its core, democracy demands that when people vote in a lawful election, their votes must mean something. Government should not be able to wait until an election is over, see the result, and then erase the effect of those votes. Protecting constitutional rights sometimes requires a willingness to fight all the way to the highest court in the country. That is what we are doing. We are asking the Supreme Court to address important federal constitutional questions not only for New Orleans, but for voters everywhere.”
"The City has asked the U.S. Supreme Court to review the record and determine whether the Louisiana Supreme Court’s decision properly considered federal constitutional issues. If the Court grants our request, the City will fully make the case that Orleans Parish voters deserved to have the opportunity to elect their clerk of court. Doing the right thing for the right reason always matters," said New Orleans City Attorney Charline Gipson.
"I applaud the Moreno Administration and City Attorney Charline Gipson for seeing this matter through, even if it means taking it up with the highest court in the United States. We firmly believe Act 15 of the 2026 Legislative Session would set a dangerous precedent by allowing state officeholders with no real interest in the people of New Orleans to override a lawful local election. This isn't about politics — it's a matter of protecting the constitutional rights of our residents, and the American ideal that every vote counts," said New Orleans City Council President J. P. Morrell.
# # #
|
