TBA Law Blog


Posted by: Berkley Schwarz on May 7, 2021

Before the General Assembly adjourned for the year, the House passed the Senate-amended version of HB1072/SB915, sponsored by Sen. Brian Kelsey, R-Germantown, and Rep. Michael Curcio, R-Dickson, by a vote of 71-21. As originally drafted, the bill would have banned local governments from filing lawsuits to challenge the constitutionality of state laws, but it was amended by Sen. Kelsey during Senate consideration to allow the state to appeal as of right an interlocutory order issued by a circuit or chancery court that grants, continues or modifies an injunction, or if the order denies a motion to dissolve or modify an injunction. This provision only would apply to lawsuits brought against the state, department, agency or official that challenge the constitutionality of a state statute. The bill now goes to the governor for his signature.