TBA Law Blog


Posted by: Berkley Schwarz & Kate Prince on Apr 27, 2021

The Tennessee Senate yesterday rejected HB1072/SB915 by Sen. Brian Kelsey, R-Germantown, and Rep. Curcio, R-Dickson, to ban local governments from filing lawsuits to challenge the constitutionality of laws passed by the General Assembly. The bill would also have allowed the state to file an interlocutory appeal in any case in which the constitutionality of a statute is challenged and would have stayed any injunction issued by the court pending the final outcome of the appeal. TBA has been expressing concern to bill sponsors and committee members. Yesterday, the House Civil Justice Committee removed the section banning local governments from filing lawsuits against the state and that amended version passed the full House. In the Senate, the vote on Kelsey’s amendment failed 14-14, with three Republicans and two Democrats missing the vote. Kelsey then asked to move his bill to Wednesday, at which point he is expected to introduce another amendment seeking similar changes as were made to the House-passed bill. Read more from TNJ: On the Hill.