TBA Law Blog


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Posted by: Stacey Shrader Joslin on Nov 9, 2020

Four days after Tennessee Democrats made slight progress in statehouse races, Tennessee Democratic Party Chairman Mary Mancini announced she will not seek re-election in 2021. Several individuals have expressed interest in the post, including Washington County Party Chair Kate Craig and Rep. London Lamar, D-Memphis. Mancini’s decision came a day after House Democratic Caucus Chair and Nashville Rep. Mike Stewart said he does not plan to again seek that leadership position. Two Nashville Democrats, Reps. Vincent Dixie and John Ray Clemmons, have announced they will vie for the position, while another, Rep. Bo Mitchell, is expected to consider a run. Tennessee Lookout reviews both of these developments. The Nashville Post also has an update.

Posted by: Stacey Shrader Joslin on Nov 6, 2020

Some of Tennessee’s most ardent conservatives will not be coming back to Nashville for the next legislative session, but Republicans still hold overwhelming super-majorities in both the House and Senate, the Nashville Post reports. In a post-election press release, House GOP leaders said they plan to focus on three issues in the new session: (1) improving public education, especially in the area of childhood literacy, (2) removing government barriers to health care to improve access and quality, while promoting affordability and (3) creating a system of justice that balances justice with mercy. Other members have announced individual priorities, including school safety, domestic violence prevention and a "right to work" constitutional amendment.

Posted by: Kate Prince on Nov 5, 2020

Sen. Brian Kelsey, R-Germantown, has announced plans to file a Senate Joint Resolution for consideration by the 112th General Assembly to add the Right to Work law to the state Constitution, the Chattanoogan reports. Senate Joint Resolution 648 passed the legislature in June, but now must pass through the next legislative session by a two-thirds majority in order to appear on the ballot for a statewide referendum in November 2022. The amendment would become part of the state Constitution if adopted by a majority vote in the 2022 governor’s election.

Posted by: Kate Prince on Nov 5, 2020

The Tennessee Legislative Black Caucus on Wednesday announced it has filed a bill that would shield intellectually disabled people convicted of a crime from the death penalty, the Daily Memphian reports. The legislation was inspired by Pervis Payne, a 53-year-old Shelby County man with intellectual disabilities who has been on death row for 33 years for double murder. He is scheduled to be executed on Dec. 3. Rep. G.A. Hardaway, chair of the Black Caucus, said House Bill 0001 will not be heard until after Payne’s scheduled execution unless he is granted clemency by Gov. Bill Lee. Hardaway said the legislation would “provide [a] path through the courts for Mr. Payne to address the intellectual disability issue and prevent an unjust murder” by the state if Payne lives long enough to benefit from the legislation.

Posted by: Stacey Shrader Joslin on Nov 4, 2020

The Tennessee Board of Medical Examiners has ordered professional probation for state Sen. Joey Hensley, R-Hohenwald, the Commercial Appeal reports. Hensley, who is a medical doctor and was reelected to state Senate District 28 yesterday, admitted to providing medical care and prescribing opioids and other controlled substances to several family members, but insisted the treatment was unavoidable because he is the only doctor in Hohenwald. In some cases, the board also found that he did not document the prescriptions or take mandatory steps to prevent addiction or misuse. The board placed him on three years of probation and required classes on medical ethics and safe prescribing. He also must pay a $2,000 fine.

Posted by: Stacey Shrader Joslin on Nov 4, 2020

With much of the vote tallied across the state, there are only handful of legislative races still in play, the Tennessee Journal reports. In a race Democrats have long sought to flip, challenger Heidi Campbell beat incumbent Sen. Steve Dickerson, R-Nashville, by a vote of 52% to 48%. It appears all other incumbents held on to their seats. In House races, incumbent Memphis Rep. John DeBerry, who ran for re-election as an independent, lost to Democrat Torrey Harris by a vote of 77% to 23%. Torrey also becomes the first of two openly LGBT legislators elected. In the open seat to succeed retiring Rep. Jim Coley, R-Bartlett, Republican John Gillespie is leading Democrat Gabby Salinas by a slim margin at press time but is projected to win the race. In the open seat to succeed retiring Rep. Martin Daniel, R-Knoxville, Republican businessman Eddie Mannis, the other openly LGBT legislator elected this year, defeated Democrat Virginia Couch. Access all election results on the Secretary of State's website.

Posted by: Kate Prince on Oct 28, 2020

Tennessee Sen. Joey Hensley, R-Hohenwald, on Monday admitted to prescribing opioids to family members and to an employee he was romantically involved with, the Tennessean reports. During opening statements in a medical disciplinary proceeding on Monday, Hensley’s attorney, David Sneed, defended his client’s good intentions and argued the prescriptions were all but unavoidable in the small town where Hensley is the only available doctor. State health officials argue Hensley violated medical standards over several years by prescribing controlled substances to family members and a romantic partner. That partner was a nurse in Hensley’s office and also his second cousin. The state testified that Hensley had written the woman at least 47 prescriptions for controlled substances from 2011 to 2018. At the hearing, Hensley testified that he was unaware he’d done anything wrong. The charges against Hensley are not criminal, but they could impact his ability to treat patients or prescribe drugs.

Posted by: Stacey Shrader Joslin on Oct 27, 2020

State Sen. Kerry Roberts, R-Springfield, was released today from Skyline Medical Center and is now home, according to a new report by the Senate Republican Caucus. The statement continues: “Although he will be on bed rest during the upcoming days, his medical team continues to anticipate a full recovery from the subarachnoid hemorrhage he experienced on Oct. 9. Sen. Roberts continues to express his appreciation for the encouraging messages and prayers for his recovery.  The Tennessee Journal has the news.

Posted by: Stacey Shrader Joslin on Oct 26, 2020

The Tennessee Senate Republican Caucus on Friday provided an update on the health of state Sen. Kerry Roberts, R-Springfield, who suffered an aneurysm earlier this month. The Tennessee Journal reprinted the statement: Roberts “remains in the Neuro Intensive Care Unit and continues to experience vasospasms, placing him at risk for a stroke and requiring him to be under careful monitoring. His medical team continues to anticipate a full and complete recovery and his recovery timeline remains within expectations for a brain hemorrhage.” The statement also said that with continued improvement, he is expected to be released this week. Roberts thanked all those who have prayed for him and sent him encouraging messages and said that because of severe headaches he has not been able to respond. “I have been touched by so many kind messages and look forward to responding soon,” he said.

Posted by: Kate Prince on Oct 20, 2020

The 6th U.S. Circuit Court of Appeals yesterday declined to reinstate a law requiring first-time voters to cast a ballot in-person or show ID at the local election office before voting absentee, the Associated Press reports. The 3-0 decision maintains a lower court’s order last month. In Monday’s opinion, Judge Julia Smith Gibbons said “disrupting the new rules at this point poses significant risk of harm to the public interest in orderly elections.” Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, said the ruling, coupled with expanded eligibility, means “thousands of first-time voters should not be forced to risk their health in order to vote.”


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