TBA Law Blog

TBA Law Blog

Former Justices Call for Veto of Bill Creating 3-Judge Panels for Constitutional Challenges

Posted by: Stacey Shrader Joslin on May 12, 2021

Two former Tennessee Supreme Court justices are calling on Gov. Bill Lee to veto legislation setting up three-judge panels to hear constitutional challenges, Tennessee Lookout reports. William “Muecke” Barker, a former chief justice who served on the court from 1998 to 2008, and Penny White, who served from 1994 to 1996, say the plan adopted by the legislature last week is unworkable, unnecessary and politically motivated. “I am very, very disappointed that legislation was passed. It just reeked of partisanship. For years and years we’ve had the system that does work,” said Barker, now an attorney with Chambliss Bahner & Stophel in Chattanooga. Likewise, White, a University of Tennessee School of Law professor, believes the plan will cause inefficiency, delay and higher costs. In addition to the former justices, Chattanooga attorney Lee Davis is leading a statewide effort to urge the governor to veto the bill. He argues the new process will result in a “nightmare” of logistical problems.  The TBA provided continuous feedback to the legislators working on the bill and expressed members' concerns throughout the legislative process. It is still extremely concerned with the compromise bill that was passed. Yesterday, Lee said he plans to sign the bill. The budget approved by the legislature and signed by Lee also contains $2.4 million to set up the court.

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