Judge dismisses lawsuit over Louisiana medical board diversity requirements

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A lawsuit regarding racial criteria for appointments to the Louisiana State Board of Medical Examiners has been dismissed.

Here are four things to know:

1. Do No Harm, a Richmond, Va.-based medical watchdog group, sued then-Louisiana Gov. John Bel Edwards in January 2024. The lawsuit, which was filed on behalf of the watchdog group by the Pacific Legal Foundation, claimed a state law requiring a certain number of minority appointees to the board is unconstitutional. Gov. Jeff Landry was sworn into office shortly after the lawsuit was filed and was named as defendant in his official capacity. 

2. Mr. Landry filed a motion to dismiss for lack of jurisdiction on Dec. 20; it was granted Sept. 29. He said he would not consider race in appointments and would not enforce the challenged statute, according to court documents reviewed by Becker’s.

3. U.S. District Judge Jerry Edwards Jr. ruled that Mr. Landry is not a proper defendant because he disavowed enforcing the statute. The case was dismissed without prejudice, and the plaintiff’s motion for summary judgment was denied as moot.

4. Do No Harm appealed the dismissal on Sept. 30.

“This ruling allows unconstitutional racial quotas to persist so long as the governor makes a promise not to enforce them,” Caleb Trotter, a Pacific Legal Foundation attorney who represents Do No Harm, said in a statement shared with Becker’s on Sept. 30. “The court ignored both the state’s history of enforcement and the Fifth Circuit’s clear precedent requiring a real analysis of whether a law has been abandoned. We will appeal because Louisianans deserve equal treatment under the law, not government by unenforceable promises.”

Becker’s has reached out to the governor’s office and will update this story if more information becomes available.

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