State v. Bazile

LAs the author of this opinion, a brief explanation of my concurrence in the case of Greater New Orleans Expressway Com’n v. Olivier, 04-2147 (La.1/19/05), 892 So.2d 570, bears mention. In Olivier, I stated that “I would not establish a rule which prohibits a judge from invoking a defense of unconstitutionality in all cases, but would limit our holding that these judges lack standing in this case.” Olivier, 04-2147 at 1, 892 So.2d at 580. My concurrence in Olivier was based on my concern that a judge should be allowed to raise as a defense to a lawsuit, alleging that a judge has not enforced…