TBA Law Blog

TBA Law Blog

Bill Banning Local Government Suits Moved to Thursday Senate Agenda, Former Chief Justice Koch Relects on Proposal

Posted by: Stacey Shrader Joslin on Apr 28, 2021

Legislation from Sen. Brian Kelsey, R-Germantown, and Rep. Michael Curcio, R-Dickson, that would ban local governments from filing lawsuits to challenge the constitutionality of state laws, was to have been re-considered by the Senate today after being rejected on Monday. The legislation, being offered as an amendment to HB1072/SB915 has now been moved to tomorrow's agenda. The legislation also would allow the state to file an interlocutory appeal in any case in which the constitutionality of a statute is challenged and stay any injunction issued by the court pending the final outcome of the appeal. TBA has been expressing concern to bill sponsors and committee members.

The day after the House passed its version, former Tennessee Supreme Court Chief Justice William Koch, now dean of the Nashville School of Law, told Tennessee Lookout that he is “not exactly sure what the statute is designed to fix.” Under current law, the state can make an interlocutory appeal if a judge places an injunction on a state law involved in a constitutional challenge. “What this [bill] does is say there is an automatic stay,” Koch said. In essence, he said, the legislation “takes the judges out of the equation.” He also said he thinks there is some question about the constitutionality of the proposal since it could “violate the separation of powers” by appearing to tell “courts how to try cases.”

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