TBA Law Blog


Posted by: Kate Prince on Feb 24, 2022

The Tennessee Supreme Court today reheard arguments over Gov. Bill Lee’s education savings account program, also known as the school voucher program, the Tennessean reports. Lee’s program would give qualifying students in Davidson and Shelby counties state money to spend on private school tuition. Metro Law Director Bob Cooper represented both Metro and Shelby County governments in today’s hearing, arguing the law violates the state’s home rule provision since it is narrowly tailored to the jurisdictions without their consent. Tennessee Solicitor General Andrée Blumstein argued the program would give low-income students a chance to “get an education that is best suited to them.” Justice Holly Kirby repeatedly asked for more details on how the schools wouldn't be paying for "phantom" students, while Justice Jeff Bivins repeatedly asked Cooper whether the amount the counties were spending on schools would really change. Judge Thomas R. Frierson II of the Tennessee Court of Appeals sat on the panel today for arguments, though he asked no questions of the parties. New Justice Sarah Campbell recused herself from the hearing since she had previously worked at the attorney general’s office.