TBA Law Blog


Posted by: Stacey Shrader Joslin on Apr 24, 2024

Republican Gov. Bill Lee has “unchecked authority” under Tennessee law to pick whoever he wants to run the state Education Department, according to a new legal opinion issued by Attorney General Jonathan Skrmetti. In the opinion, Skermetti writes: “… the General Assembly chose to grant the Governor unchecked authority to appoint the Commissioner of Education. It could have, but did not, subject the Governor’s choice to legislative confirm[ation]. Nor did it require a ‘certificate of qualification’ from some expert third-party board, as past laws had. In lieu of such checks, the General Assembly determined that the Governor should unilaterally judge who had the attainments necessary to lead the State’s Department of Education." The opinion came in response to an inquiry as to whether the legislature or any other party has the authority to challenge the governor’s choice for the position. Read press coverage from the Tennessee Journal.

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