2019 Regular Session ENROLLED
SENATE RESOLUTION NO. 149
BY SENATOR MORRISH
A RESOLUTION
To express the will of the Louisiana Senate regarding certain Restatements of the Law.
WHEREAS, the Louisiana Senate recognizes its inherent and exclusive duty, shared
by the Louisiana House of Representatives, in determining and articulating public policy for
the betterment of the citizens of our great state; and
WHEREAS, public policy is set by the legislature through the legislative process;
and
WHEREAS, the sources of law in the state of Louisiana are legislation and custom;
and
WHEREAS, legislation is a solemn expression of legislative will, while custom
results from long-repeated practice generally accepted as having acquired the force of law;
however, custom may not abrogate legislation; and
WHEREAS, when a law is clear and unambiguous and its application does not lead
to absurd consequences, the law shall be applied as written and no further interpretation may
be made in search of the intent of the legislature; and
WHEREAS, it is the province of the Louisiana judiciary to interpret Louisiana law,
and when the meaning of a law cannot be ascertained by the application of the laws
governing statutory interpretation, the court shall consider the intent of the legislature; and
WHEREAS, when no rule for a particular situation can be derived from legislation
or custom, the court is bound to proceed according to equity; and
WHEREAS, attorneys and other legal professionals and scholars, at times, rely on
secondary sources in seeking to ascertain the most equitable resolution in a matter or to
bolster an argument for a particular resolution in a given situation, including legal treatises,
periodicals, scholarly essays, and Restatements of the Law; and
WHEREAS, the highly regarded American Law Institute describes the Restatements
it produces as "aim[ing] at clear formulations of common law and its statutory elements";
and
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WHEREAS, even the most carefully crafted secondary source may infringe on the
legislative prerogative of the Legislature of Louisiana or the authority of the Louisiana
judiciary, if it purports to pronounce public policy that is inconsistent with or in conflict with
any source of law in Louisiana.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby declare that any statement of the law contained in the Restatement of the Law,
Liability Insurance does not constitute the public policy of Louisiana if the statement of the
law is inconsistent with or in conflict with Louisiana law.
PRESIDENT OF THE SENATE
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