§21. Suits to prevent encroachment on state's rights
A.In recognition of the state's right to self-determination, it is a declared interest of
the state that the attorney general preserve and defend the state's autonomy, independence,
and sovereignty in all legal matters and disputes involving the federal government and
preserve for the state any power not expressly delegated to the federal government.
B.The state's sovereign interests refer to any matter, concern, or situation that
directly or indirectly affects the status or rights of the state and its citizens and local political
subdivisions, whether legal, financial, social welfare, or other interest that pertains to the
sovereign power, identity, and autonomy of state government.
C.To that end, the attorney general shall have the
Free access — add to your briefcase to read the full text and ask questions with AI
§21. Suits to prevent encroachment on state's rights
A. In recognition of the state's right to self-determination, it is a declared interest of
the state that the attorney general preserve and defend the state's autonomy, independence,
and sovereignty in all legal matters and disputes involving the federal government and
preserve for the state any power not expressly delegated to the federal government.
B. The state's sovereign interests refer to any matter, concern, or situation that
directly or indirectly affects the status or rights of the state and its citizens and local political
subdivisions, whether legal, financial, social welfare, or other interest that pertains to the
sovereign power, identity, and autonomy of state government.
C. To that end, the attorney general shall have the authority to institute, defend, or
intervene in any suit to protect the sovereign interests of the state in any matter involving the
federal government, including but not limited to any matter brought in the federal courts.
D. Notwithstanding any other law to the contrary and in addition to any other
powers, duties, or authority granted to the attorney general and the Department of Justice by
the constitution and laws of the state, the attorney general may, at his discretion, represent
the state and all departments and agencies of state government, state boards and
commissions, state officials and employees, and any other state institution, as well as any
local political subdivisions created by the Constitution of Louisiana or state law, including
but not limited to school boards and charters, whether in his name or through special counsel
retained for that purpose in order to preserve, protect, and defend the interests of the state.
E. Whenever the state, state department, state agency, state board or commission,
state official or employee, any other state institution, or a local political subdivision created
by the Constitution of Louisiana or state law, including but not limited to school boards and
charters, receives a notice, claim, or demand made by a federal agency, agent, or official of
the federal government or any notice, claim, or demand made by any party in litigation which
seeks to impose continuing federal court jurisdiction over any state department, agency,
board, commission, official, employee, any other state institution, or any local political
subdivision created by the Constitution of Louisiana or state law, such entity or political
subdivision shall immediately notify the governor and the attorney general by providing a
copy of such notice, claim, or demand. Such notice shall be provided within thirty days of
receipt of the notice, claim, or demand. The entity shall also notify all parties and the court
of the statutory right created in this Section of the attorney general to intervene and shall seek
a sixty-day stay of the litigation to provide notice and provide the attorney general time to
intervene.
F. Neither the state of Louisiana nor any department, agency, board, commission,
institution, or local political subdivision created by the Constitution of Louisiana or state law,
including but not limited to school boards and charters, or any official or employee thereof
in his official capacity may enter into a judgment by consent in federal court without the
approval of the attorney general and the governor when the proposed judgment creates,
establishes, or imposes injunctive relief, enforceable through continuing oversight by the
federal court, with future binding conditions or obligations that exceed sixty days to effect
the settlement. This Subsection shall not require consent by the attorney general or the
governor if the agreement settles litigation without creating future obligations requiring
continuing federal judicial oversight. Any agreement that contains an obligation that exceeds
the consenting party's term of office, as a matter of public policy of this state, shall be
considered unenforceable against the governmental entity or successor official and an ultra
vires act.
NOTE: See Acts 2025, No. 237, §3 regarding applicability to pending consent
decrees and judgements.