TBA Law Blog


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Posted by: Stacey Shrader Joslin on Dec 12, 2024

Two Tennessee lawmakers will head the National Black Caucus of State Legislators (NBCSL), an organization representing more than 700 state lawmakers nationwide. State Rep. Harold Love, D-Nashville, was elected president during the organization's convention in Washington, D.C. State Sen. Raumesh Akbari, D-Memphis, was named president-elect. “It is an incredible honor to be president of an organization that my father, Harold Love Sr., was proud to be a part of during his time as a legislator,” Rep. Love said in a statement. Read more in a release from the NBCSL.

Posted by: Azya Thornton on Dec 6, 2024

Another Tennessee lawmaker is pushing to eliminate the state’s grocery tax. State Rep. Elaine Davis, R-Knoxville, on Thursday introduced a bill that would end the state tax on groceries without raising taxes on businesses, WSMV reports. The proposal would also allow counties to implement a grocery sales tax if approved by local lawmakers. Currently, the state sales tax on food and food ingredients is 4%. State Rep. Aftyn Behn, D-Nashville, refiled a similar measure last month after it failed last year.

Posted by: Julia Wilburn on Dec 5, 2024

After a friend was pulled over and arrested for DUI despite being sober, state Rep. Lowell Russell, R-Vonore, asked the Tennessee Bureau of Investigation (TBI) to calculate the number of sober DUI arrests over the last few years in Tennessee. According to TBI data, since 2107, 609 people were charged with DUI, whose alcohol and drug test results ultimately came back negative. News Channel 9 reports that Russell, a former highway patrol officer, also officially asked the agency to post lab test results for all DUI arrests in the Tennessee Incident-Based Reporting System (TIBRS) database. He also says he wants to work with the Administrative Office of the Courts on its new $75 million database to make sure dismissed DUI cases are clearly posted, or that the information can be easily given to the public if requested.

Posted by: Azya Thornton on Dec 4, 2024

The U.S. Supreme Court appeared to lean toward upholding Tennessee’s ban on gender-affirming care for minors during a hearing on the law, The Hill reports. The court heard more than 2 1/2 hours of oral arguments, with several justices questioning the Biden administration’s claim that the benefits of administering puberty blockers and hormone treatments to some adolescents with gender dysphoria outweigh the risks. The Tennessee Attorney's General Office argued the law is necessary to protect children from "irreversible and unproven gender transition procedures." In a statement, Tennessee Attorney General Jonathan Skrmetti said, "Tennessee’s General Assembly reviewed the medical evidence, as well as the evidence-based decisions of European countries that restricted these procedures, and ultimately passed this bipartisan law prohibiting irreversible medical interventions." The ACLU of Tennessee also issued a statement on the proceeding. A decision in the case, United States v. Skrmetti, is expected by summer. Listen to the proceeding or read a transcript from the court.

Posted by: Stacey Shrader Joslin on Dec 3, 2024

Tennessee House Republicans reelected their leadership team at a caucus retreat last week, the Tennessee Journal reports. Members voted to renominate Speaker Cameron Sexton of Crossville for his fourth term and retain Majority Leader William Lamberth of Portland, Caucus Chair Jeremy Faison of Cosby and Whip Johnny Garrett of Goodlettsville. They were all unopposed. In the one contested race, Dickson Republican Jody Barrett’s bid to challenge Paul Sherrell of Sparta for floor leader fell short with Barrett receiving only 18 votes.

Posted by: Stacey Shrader Joslin on Dec 3, 2024

The U.S. Supreme Court will hear oral arguments tomorrow in a case challenging the constitutionality of Tennessee’s ban on transgender procedures and treatments for minors. Arguments will begin at 10 a.m. EST. Tennessee Solicitor General Matt Rice will defend the law before the court while Attorney General Jonathan Skrmetti will speak to the media following the proceeding. Opposing the law will be American Civil Liberties Union lawyer Chase Strangio, the first openly transgender attorney to represent clients before the nation’s highest court. The Associated Press reports that Strangio has been instrumental in several trans-related legal battles, including representing former Army Intelligence analyst Chelsea Manning, challenging a ban on transgender people serving in the military, and assisting with an LGBT worker discrimination case that went to the high court. Strangio will share time with lawyers for the Biden administration, Bloomberg Law reports. An audio recording of the arguments will be available on the court’s website after the session.

Posted by: Azya Thornton on Dec 2, 2024

Lawmakers are pushing for a state law that would guarantee in-vitro fertilization reproductive rights, according to the Tennessee Lookout. The news outlet reports that a measure sponsored by Sen. Raumesh Akbari, D-Memphis, and Rep. Harold Love, D-Nashville, would clarify that the state's ban on abortions does not impact the use of contraceptive devices, medication to prevent pregnancy or the disposal of embryos from fertility treatments. A spokesperson for Lt. Gov. Randy McNally said McNally does not see anything in current law that interferes with access to contraception or fertility treatments. Gov. Bill Lee also spoke this week in support of maintaining IVF, though he said he was unaware of specific details in the proposed legislation.

Posted by: Julia Wilburn on Nov 26, 2024

Tennessee House of Representatives Speaker Cameron Sexton, R-Crossville, recently announced a review of Shelby County General Sessions Criminal Court Judge Bill Anderson’s cases, stating that the judge "stands with violent criminals rather than law enforcement, victims, families and protecting Memphis." The Daily Memphian reports that Anderson has been criticized for releasing several defendants on their own recognizance in recent months. Recently, Anderson released without bail a defendant accused of shooting at police during a 12-hour standoff and three other suspects charged in the shooting of a FedEx employee at a company facility near Memphis International Airport. Shelby County District Attorney Steve Mulroy says he will appeal some of those decisions. Anderson responded saying, "I will only say that Speaker Sexton or anyone else who wants to review my cases is certainly free to do so as much as they please. Mine is a court of public record and is open to the public." In April, a Shelby County commissioner also called on Anderson to resign.

Posted by: Julia Wilburn on Nov 26, 2024

Rep. Scott Cepicky, R-Culleoka, has filed a bill that would restrict the ways students can use devices like cell phones, tablets and laptops in schools. WBIR reports that the bill would require school districts across the state to pass policies prohibiting students from using devices during instructional time, though it does make a number of exceptions, such as 504 plans, an Individualized Education Plan (IEP) that specifically include devices, if a teacher grants permission, in an emergency, or if students need devices to manage their health.

Posted by: Stacey Shrader Joslin on Nov 25, 2024

Tennessee State House Speaker Cameron Sexton, R-Crossville, Majority Leader William Lamberth, R-Portland, and Caucus Chair Jeremy Faison, R-Cosby, are unopposed in their bids for reelection to their leadership positions in the House, the Tennessee Journal reports. One race will see a contested election: Rep. Jody Barrett, R-Dickson, is challenging Rep. Paul Sherrell, R-Sparta, for floor leader. House Democrats, by contrast, saw contested elections in two key leadership races. House Minority Leader Karen Camper faced a challenge from fellow Memphian Rep. G.A. Hardaway, while Democratic Caucus Chair John Ray Clemmons, D-Nashville, faced a challenge from Rep. Justin J. Pearson, D-Memphis, for caucus chair. Both incumbents were reelected. In the Senate, Majority Leader Jack Johnson, R-Franklin, was reelected while Lt. Gov. Randy McNally, R-Oak Ridge, and Caucus Chair Ken Yager, R-Kingston, were renominated, the Nashville Post reports. Democratic members reelected Minority Leader Raumesh Akbari and Caucus Chair London Lamar, both of Memphis, and Vice Chair Charlane Oliver of Nashville, Chattanoogan.com reports.


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