TBA Law Blog


Posted by: Stacey Shrader Joslin on Apr 3, 2026

Legislation to limit lawsuits challenging the constitutionality of new state laws has passed both the House and Senate and is now on its way to Gov. Bill Lee’s desk. HB1971 passed the House on March 31. The Senate passed the House bill yesterday. The bill repeals a provision the legislature passed eight years ago that allowed Tennesseans to challenge the constitutionality of new state laws before they suffer any harm. The Tennessean reports that Attorney General Jonathan Skrmetti — whose office defends new laws in court — requested lawmakers repeal the measure and reinstate barriers removed in 2018. If signed into law, the measure would require challengers to prove actual damage had been done to have standing to sue. The Tennessean has more on the legislation.