TBA Law Blog


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Posted by: Kate Prince on Oct 20, 2020

The U.S. Supreme Court last week decided it would not consider Tennessee’s lawsuit against the federal government over refugee resettlement funds, the Tennessean reports. The SCOTUS decision ends a years long legal battle over the matter, which was originally dismissed by a federal judge in March 2018 and again by the 6th Circuit Court of Appeals in July 2019. Attorneys for the state have argued that the federal government was forcing states to pay for refugee resettlement, violating the 10th Amendment of the U.S. Constitution. The lawsuit made Tennessee the first in the nation to sue the federal government over refugee resettlement under the 10th Amendment, which guides the split of powers between states and the federal government

Posted by: Stacey Shrader Joslin on Oct 19, 2020

The Tennessee Historical Commission won’t consider removing the bust of Nathan Bedford Forrest from the state capitol until early next year, but some Tennesseans weighed in with public comments at the commission’s meeting Friday, WPLN reports. The commission also identified the stakeholders who need official notice of the request to move the bust. The commission plans to consider moving the bust to the Tennessee State Museum in February.

Posted by: Kate Prince on Oct 8, 2020

Despite objections from the House and Senate speakers, the Tennessee Historical Commission is set to hear a petition this month to relocate the Nathan Bedford Forrest bust at the state Capitol, the Tennessean reports. The State Capitol Commission in July voted in favor of removing the bust and sent the issue to the Historical Commission for a final vote. However, Lt. Gov. Randy McNally and House Speaker Cameron Sexton last month said they believe the Historical Commission couldn’t vote on the matter until it is first approved by the State Building Commission. Gov. Bill Lee this week said he believes proper protocol has been followed and a spokesperson for the Historical Commission confirmed yesterday that the bust issue will receive an initial hearing at the commission’s Oct. 16 meeting. 

Posted by: Stacey Shrader Joslin on Oct 5, 2020

A trial date has been set in the case against Tennessee state Sen. Katrina Robinson of Memphis, WREG reports. Robinson, who is charged with theft and fraud, will face trial starting Sept. 13, 2021. Defense lawyers argued for a delay in the trial saying they have nearly 20,000 documents to review and as many as 60 witnesses to interview, all of which is difficult given the COVID-19 pandemic. The government did not disagree, saying that a trial of this magnitude should be held when health restrictions are somewhat lifted. Robinson was indicted for alleged misuse of federal grant money that was given to The Healthcare Institute, a nursing school she directed. Investigators said she used $2 million meant for the school on personal debt, travel, clothes, cars and her family.

Posted by: Stacey Shrader Joslin on Sep 30, 2020

A federal judge in Nashville yesterday blocked a new law that requires abortion providers to offer certain information to women seeking abortions while the law is challenged in court. District Judge William Campbell found that those bringing suit against the state “demonstrated a strong or substantial likelihood of success” on their claims that the law violates the First Amendment. The law, which was to go into effect on Thursday, requires abortion providers to inform women that chemical abortions may be reversed after the first treatment is taken. The plaintiffs question the scientific merit of such statements, the Nashville Scene reports.

Posted by: Stacey Shrader Joslin on Sep 30, 2020

Gov. Bill Lee’s private-school voucher plan was found unconstitutional again Tuesday, as a panel of the Tennessee Court of Appeals agreed with an earlier ruling from a Nashville court, the Nashville Post reports. Memphis and Nashville authorities challenged the law because it applied to only those two cities. Local officials said it was a violation of the state constitution’s home rule amendment. State officials and their nonprofit allies are expected to appeal to the Tennessee Supreme Court. Read the appeals court decision.

Posted by: Stacey Shrader Joslin on Sep 21, 2020

Former longtime Nashville Democratic state Rep. Mary Pruitt, 86, died Saturday after complications from a fall, the Tennessean reports. Pruitt served in the Tennessee House of Representatives from 1985 to 2012, first becoming a member in a special election on the unexpected death of her husband, the late Rep. Charles Pruitt. A retired educator, she used her position to advocate for quality education for all children in the state. In a statement this morning, Nashville Mayor John Cooper said the city had "lost a public leader" and a "respected Nashvillian."

Posted by: Kate Prince on Sep 15, 2020

Lieutenant Gov. Randy McNally, R-Oak Ridge, and House Speaker Cameron Sexton, R-Crossville, yesterday said they believe there is an additional step that must be taken before the controversial Nathan Bedford Forrest bust can be removed from the State Capitol, the Tennessean reports. The State Capitol Commission in July voted in favor of removing the bust and the matter was set to be heard by the Tennessee Historical Commission for a final vote in October. But, in a letter to state architect Ann McGauran, McNally and Sexton wrote that the Historical Commission cannot vote on the removal of the bust until it is also approved by the State Building Commission. The lawmakers point to a section of state law that says actions of the Capitol Commission “shall be subject to the concurrence of the state building commission." McNally and Sexton are both members of the Building Commission. Gov. Bill Lee’s office maintains that proper protocol has been followed, but is reviewing the letter from the speakers.

Posted by: Stacey Shrader Joslin on Sep 2, 2020

As schools navigate reopening during a pandemic, some state lawmakers will return to Nashville this month to hear updates and demand answers, the Tennessean reports. The House Education Committee is set to meet Sept. 22 and 23. Topping the agenda is the approach Education Commissioner Penny Schwinn is taking to re-openings as well as a failed rollout of a student wellness check program. The Professional Educators of Tennessee, a nonpartisan teacher association, suggested lawmakers might even seek a "no confidence" vote on the commissioner. The group does not support such a move but has its own list of complaints.

Posted by: Kate Prince on Aug 27, 2020

Rep. Bill Beck, D-Nashville, today announced that he has tested positive for COVID-19 and believes he caught the virus during the three-day special session earlier this month, the Tennessean reports. Beck began experiencing symptoms on Monday and tested positive on Tuesday — 11 days after the conclusion of the special session. In a statement Beck wrote that, while he wore a mask during the special session, not all legislators did. He criticized legislative leadership for holding the session, referring to it as “unnecessary and highly risky.” Beck’s statement comes one day after Rep. Mike Carter, R-Ooltewah, was released from the hospital after spending more than a week in intensive care with the virus.


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