The Louisiana Supreme Court has made a potentially significant decision to rehear a recent ruling that struck down a law giving childhood sex abuse survivors more time to file lawsuits. The court’s 4-3 decision deemed the state’s three-year “lookback window” for filing legal claims in childhood sexual abuse cases as unconstitutional, but the vote to rehear the case was 5-2, with Chief Justice John Weimer ordering oral arguments promptly in May.
Attorney General Liz Murrill had requested the rehearing, arguing that the court’s initial decision may violate the separation of powers doctrine, as the lookback law was unanimously passed by the legislative branch. The law, passed in 2022, allowed abuse survivors a three-year window to sue regardless of when the abuse occurred.
The decision to reconsider the ruling is seen as a victory for child victims of sexual abuse, according to Murrill. However, the Archdiocese of New Orleans, which filed for bankruptcy in 2020 due to mounting claims of child sex abuse by priests and deacons, may face challenges if the law is ultimately deemed unconstitutional. This could impact the financial settlement negotiated as part of the bankruptcy to compensate survivors.
Attorneys for the plaintiffs welcomed the decision to rehear the case, emphasizing the importance of ensuring justice for abuse survivors. The news has been met with mixed reactions, with dissenting Justice Jefferson Hughes raising concerns about potential implications of favoring certain victims over others. The outcome of the rehearing will have far-reaching implications for hundreds of abuse survivors seeking justice in Louisiana.