TBA Law Blog


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Posted by: Azya Thornton on Feb 5, 2025

The TBA has released the February episode of its BarBuzz podcast, featuring a deep dive into the association’s advocacy efforts now that the Tennessee legislative session is underway. In this episode, TBA Executive Director Sheree Wright is joined by TBA lobbyists Berkley Schwarz and Ashley Harbin, who, along with Brad Lampley, lead the TBA’s legislative initiatives. The group discusses how the TBA identifies and addresses key legislative issues, with a focus on the current session’s proposals, which include adoption, family law and probate bills. They also explore the TBA’s role in defending against legislation that could impact the practice of law and highlight efforts to improve legal services for indigent clients. The conversation wraps up with insights on how TBA members can get involved in advocacy work during this crucial time. BarBuzz is a monthly show that recaps legal news, upcoming TBA events and more. It is available on the TBA’s website or wherever you listen to podcasts. Find past episodes in the BarBuzz archive.

Posted by: Azya Thornton on Feb 5, 2025

State House Majority Leader William Lamberth, R-Portland, and Senate Finance Chair Bo Watson, R-Hixson, filed legislation Tuesday that would allow local school districts and charter schools to opt out of enrolling undocumented children, Chattanoogan.com reports. According to the bill sponsors, HB793 aims to challenge Plyler v. Doe, a 1982 U.S. Supreme Court ruling that granted undocumented children the right to a free public education. The lawmakers say a 2019 analysis of U.S. Census Bureau data showed that about 128,000 undocumented immigrants were residing in Tennessee at the time, including approximately 10,000 children in public schools. In introducing the bill, Lamberth said, “The flood of illegal immigrants in our country has put an enormous drain on American tax dollars and resources. Our schools are the first to feel the impact." He concluded, "Our obligation is to ensure a high-quality education for legal residents first.”

Posted by: Azya Thornton on Feb 5, 2025

In an unanimous vote Tuesday, the TSSAA rejected a proposed high school “transfer portal.” The Tennessean reports that a motion to deny the measure passed 12-0, despite lawmakers urging the TSSAA to amend its long-standing transfer rule, which requires athletes who transfer to a school in a different zone to be ineligible for one calendar year from their last varsity game unless they have a bona fide change of address. The proposal would have allowed one transfer without residency requirements. The council pledged to discuss potential changes to transfer rules in the future and has requested a special meeting before its regularly scheduled April session to address the issue further.

Posted by: Stacey Shrader Joslin on Feb 5, 2025

Legal challenges continue to be filed against President Donald Trump’s recent executive orders. A Maryland federal judge has issued a nationwide injunction blocking the administration from curtailing birthright citizenship for children born to undocumented parents. The move comes after a judge in Seattle imposed a temporary halt on the policy. In addition, the ACLU has filed suit in D.C. federal court challenging the president’s ban on asylum at the U.S.-Mexico border. With regard to transgender care, a suit has been filed over orders that curtail federal funding and support for medical transitions for those under age 19. Tennessee’s law banning such care for minors is pending before the U.S. Supreme Court. Tennessee Lookout reports that two teens who left Tennessee after the state ban went into effect are part of the group suing over the federal ban. Finally, in other news, a suit has been filed against two executive orders seeking to end federal diversity programs; a federal judge in Washington, D.C., has blocked efforts to move transgender women to men's prisons; and FBI agents have sued to protect their identities from Department of Justice leaders who are seeking information about those who worked on Jan. 6 cases. Bloomberg reports that the FBI has shared titles and offices but not names. Reuters has more on all of these suits.

Posted by: Azya Thornton on Jan 31, 2025

Rep. Jesse Chism, D-Memphis, was named chair of the Tennessee Black Caucus of State Legislators (TBCSL) earlier this month. Chism has been a member since 2019 and has served as vice chair for the past two years, the Daily Memphian reports. As chair, he says the caucus' primary goal is to safeguard positive outcomes for Black people in Tennessee and ensure progress for the community's future advancements. The TBCSL’s Legislative Retreat and Leadership and Education Foundation are initiatives he hopes to expand upon. "I envision the TBCSL as a beacon of light that is focused on providing opportunities for Black Tennesseans to have economic growth, safe communities and great health care," Chism said in a statement after his election.

Posted by: Stacey Shrader Joslin on Jan 31, 2025

The state House passed the governor’s immigration enforcement proposals yesterday after the state Senate did so on Wednesday, the Tennessean reports. The legislation (SB6002/HB6001) funds a $5 million office within the Tennessee Department of Safety and Homeland Security, allowing Gov. Bill Lee to tap an enforcement director and incentivize local law enforcement entities to enter into a contract program with federal immigration authorities. The bill also establishes a new driver's license that distinguishes U.S. citizens from legal permanent residents. In addition, the bill establishes criminal penalties for local and state officials who adopt “sanctuary” policies that limit cooperation with federal immigration enforcement officials. WKRN has more on that proposal. Lee actively supported the measure and is expected to sign it into law. He released a statement late yesterday afternoon marking the end of the special session. One group already has indicated an intent to sue over the law; the ACLU of Tennessee is calling the criminal penalty provision “unconstitutional” and promising to challenge the law.

Posted by: Stacey Shrader Joslin on Jan 30, 2025

The state House and Senate today voted in favor of a statewide school voucher bill that had previously eluded Gov. Bill Lee through his first six years in office, the Tennessean reports. Under the bill (SB6001/HB6004), 20,000 students would receive $7,300 subsidies to help pay for private school tuition. Half of the Education Freedom Scholarships would be income-limited to those from families earning less than 300% of the federal reduced-rate income limit, or about $175,000. A second bill (SB6005/HB6005) funding Education Freedom Scholarships, teacher bonuses and school infrastructure also passed. Last night, the House approved millions in relief funds for Eastern Tennessee, which saw flooding from Hurricane Helene in September. The bills approved allow the Tennessee Emergency Management Agency to provide assistance at the request of local governments, suspend certain unemployment eligibility requirements for residents in the disaster area, establish two funds to assist with disaster relief and give 2024 property tax breaks to those whose homes were destroyed or damaged as a result of the hurricane. An amendment to use $50 million from the state’s rainy-day fund for grants to those who lost homes during the disaster was rejected, the Nashville Post reports. WKRN provides additional details about the recovery funds and the Tennessee Transportation Financing Authority (TTFA). The Senate approved SB6003/HB6003SB6004/HB6002 and HB6007/SB6007 on Wednesday and SB6005/HB6005 today.

Posted by: Stacey Shrader Joslin on Jan 29, 2025

State legislative committees met recently to consider special session proposals. Gov. Bill Lee’s Education Freedom Act of 2025 (SB6001/HB6004) passed out of the House and Senate Education Committees as amended and is expected to be on the House and Senate floors on Thursday, the Nashville Post reports. The move came after President Donald Trump spoke publicly in support of the initiative. During committee consideration, an amendment was added to specify that $77 million in the bill for school infrastructure would first be used to bolster the HOPE scholarship if a shortage occurs in that fund. The amendment also specifies that infrastructure funds would go first to schools in economically distressed or at-risk counties, followed by those that are high-performing and then those in fast-growth areas. House and Senate committees also considered immigration legislation (SB6002/HB6001). Funding for local governments that agree to crack down on undocumented immigrants was reduced from $20 million, as proposed by the governor, to just more than $5 million. In addition, state Sen. Todd Gardenhire, R-Chattanooga, split from his party to oppose a provision charging local elected officials with a felony if they support sanctuary city laws. Gardenhire called the provision a slippery slope and argued that elected officials should not be punished for taking a political stance. The amended bill passed the Senate with a vote of 26-7; the House is scheduled to vote tomorrow. The Nashville Banner has more on this bill.

Posted by: Julia Wilburn on Jan 28, 2025

Hundreds of students, parents and advocates gathered outside the Tennessee State Capitol on Monday, calling for gun reform after the Jan. 22 fatal shooting at Antioch High School in Nashville, where 16-year-old Josselin Corea Escalante was killed. According to the Nashville Post, attendees, including members of Escalante’s family, criticized the lack of school safety discussions in the special legislative session that began the same day. The Tennessean reports that the special session will consider $470 million in Hurricane Helene relief, a $447 million statewide school choice voucher program and new a state immigration enforcement entity. In preparation for the session, House Speaker Cameron Sexton, R-Crossville, named six special committees to consider seven bills that have been filed, according to the Tennessee Journal. The Senate plans to keep its existing committee structure for the special session. During debate on the special session rules, Democrats criticized the adoption of a "flow motion" proposal, allowing bills to potentially go from committee to a vote in the same day, claiming the shortened timeframe does not provide enough time to review proposals. The session is set to wrap up by the end of the week, with the House scheduled to return to normal operations by Feb. 3. The Senate plans to reconvene on Feb. 10 in time for Gov. Bill Lee's State of the State address.

Posted by: Stacey Shrader Joslin on Jan 27, 2025

Gov. Bill Lee has announced that his seventh State of the State Address will take place on Feb. 10 at 6 p.m. CST. The speech will be presented in the House Chamber of the Tennessee State Capitol. In the announcement, Gov. Lee emphasized Tennessee's role as a leader in opportunity, security and freedom, and expressed his commitment to innovation for the state's future. He also indicated that he would share his budget and legislative priorities for the year during the address. The address will be live streamed on the governor’s Facebook and YouTube channels.


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