Louisiana Federation of Teachers v. State

hi disagree with the majority’s finding that the constitutional challenge is premature and presents no justiciable controversy. Therefore, I must respectfully dissent.

This Court has recognized that the issue of when a controversy is justiciable as opposed to an advisory opinion is a difficult one. Prator v. Caddo Parish, 04-0794 (La.12/1/04), 888 So.2d 812, 816; Louisiana Independent Auto Dealers Assn. v. State, 295 So.2d 796, 798 (La.1974). The nature of LFT’s suit is one for declaratory judgment. In Louisiana Independent Auto Dealers Assn., this Court looked to Professor Borchard’s treatise…