Judge Hears Arguments Over Constitutionality of Tennessee Bail Law - Articles

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Judge Hears Arguments Over Constitutionality of Tennessee Bail Law

Posted by: Azya Thornton on May 29, 2026

U.S. District Judge Thomas Parker recently heard arguments over the constitutionality of Tennessee’s 2024 bail law, which prohibits judicial commissioners from considering a defendant’s ability to pay when setting bail, the Daily Memphian reports. The lawsuit, filed by Just City and the American Civil Liberties Union, argues the law unfairly keeps low-income defendants jailed before trial because they cannot afford release. Plaintiffs contend the law removes critical judicial discretion and creates wealth-based detention, while attorneys for the state and Shelby County argued the statute remains constitutional because judges may still consider a defendant’s financial condition when assessing bail. Parker did not immediately rule and said he would issue a written decision at a later date.