TBA Law Blog


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Posted by: Julia Wilburn on May 8, 2023

Gov. Bill Lee has announced that the Tennessee General Assembly will convene for a special legislative session focused on public safety on Aug. 21. A press release from Lee's office states, in part, “There is broad agreement that action is needed, and in the weeks ahead, we’ll continue to listen to Tennesseans and pursue thoughtful, practical measures that strengthen the safety of Tennesseans, preserve Second Amendment rights, prioritize due process protections, support law enforcement and address mental health.” Tennesseans are encouraged to share their feedback using this form.

Posted by: Julia Wilburn on May 8, 2023

Rep. Ron Gant, R-Rossville, has undergone surgery following a heart attack, according the House Republican Caucus. Gant, who is still recovering from injuries to his arms and hip sustained in a car wreck in October, had a stent placed in a blocked artery. Updates on his condition are available via his Facebook page.

Posted by: Julia Wilburn on May 4, 2023

Representatives Justin Jones, D-Nashville, and Justin Pearson, D-Memphis, have officially filed for reelection. The two representatives were expelled after protesting on the House floor in April in support of the public’s calls for gun reform. Both were reappointed to their seats within days of expulsion and have been serving as interim representatives. The special elections are estimated to cost somewhere between $70,000 and $120,000 in Nashville and around $400,000 in Memphis, according to News Channel 5 and the Daily Memphian.

Posted by: Paul Burch on May 2, 2023

The Tennessee Secretary of State's office announced the House District 3 Special Election will be held Aug. 3 to fill the seat of former Rep. Scotty Campbell. Campbell resigned in April after it became public that the Workplace Discrimination and Harassment Subcommittee had found him guilty of ethics violations. Qualifying candidates must register by May 11. The Johnson County Commission will appoint a temporary replacement at a special meeting that same day. Read more from Johnson City Press.

Posted by: Paul Burch on Apr 28, 2023

Students from the Nashville School of Law surprised Dean William C. Koch, Jr. with a Senate Joint Resolution honoring his leadership. Dean Koch teaches U.S. Constitutional Law and Tennessee Constitutional Law at NSL and is also an adjunct professor at Vanderbilt School of Law and Belmont College of Law. Read SJR 0334.

Posted by: Paul Burch on Apr 28, 2023

Gov. Bill Lee has signed into law House Bill 833, which allows doctors to legally perform abortions in cases of ectopic and molar pregnancies where there is “reasonable” medical judgment an abortion would prevent the death or “prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.” Previously, doctors who performed an emergency abortion in Tennessee could argue an “affirmative defense” and were required to prove the procedure was a lifesaving medical necessity or face criminal charges. Read more in the Tennessean.

Posted by: Julia Wilburn on Apr 27, 2023

The Justice Department on Wednesday filed a lawsuit challenging Tennessee’s new law that bans transgender youth from receiving gender-affirming care. According to the Associated Press, the federal government is seeking to invalidate the statute because “no person should be denied access to necessary medical care just because of their transgender status,” Assistant U.S. Attorney General Kristen Clarke said in a statement. The DOJ said the law violates the Constitution’s equal protection clause by discriminating on the basis of both sex and transgender status. The federal lawsuit comes after Clarke sent a letter to all state attorneys general last month warning them that federal law protects transgender youth against discrimination. The Justice Department also intervened last year in a lawsuit challenging a similar ban on transgender medical care for young people.

Posted by: Paul Burch on Apr 25, 2023

Tennessee state representatives Justin Jones, D-Nashville, Justin Pearson, D-Memphis and Gloria Johnson, D-Knoxville met at the White House Monday with President Biden and Vice President Harris to discuss their efforts to propose new gun reform legislation in Tennessee. Reps. Jones and Pearson temporarily regained their legislative seats last week after their expulsion for participating in protests on the House floor. The trio has since become known nationally as the “Tennessee Three.” While at the Oval Office they also discussed the upcoming special session called by Gov. Lee to consider his proposed “order of protection” law. "The message has been very clear from Tennesseans – both Republican and Democrat, white and Black, and rich and poor – that something must be done," Pearson said outside the White House as reported by the Tennessean. "And in this special session, the expectation is that a law gets passed that can actually protect our communities."

Posted by: Stacey Shrader Joslin on Apr 24, 2023

Before adjourning, the General Assembly passed a $56.2 billion state budget for the 2024 fiscal year, the largest in state history. The budget includes $75 million for e-filing in the state court system, a $250 million investment in the state’s Rainy Day Fund, $3.3 billion for the governor’s infrastructure plan, $288 million for state parks and natural areas, $200 million to relocate the Tennessee Performing Arts Center, and $350 million for the city of Memphis to renovate FedExForum and Liberty Stadium. For education, the budget includes a $1.1 billion increase for the state’s education funding formula, adding $125 million for teacher salary raises and $147 million to fund school resource officers in public and private schools. Finally, the budget includes $45.8 million in business tax cuts (including a $37.8 million excise tax reduction) and $288 million for elimination of the sales tax on groceries in August, September and October. Read the full budget (HB1545/SB1532) as passed with amendments 2, 3, 8 and 10.

Posted by: Stacey Shrader Joslin on Apr 24, 2023

Measures specifically impacting local control in three of Tennessee’s largest cities, passed the legislature prior to adjournment. These include a bill turning community oversight boards in Memphis and Nashville into advisory committees, a bill giving state Republican leaders authority to make appointments to boards overseeing Nashville’s airports and sports facilities, a bill limiting how Nashville can spend certain tourism tax revenue from its Music City Center convention center, a bill that reverses a voter referendum designed to save the Nashville fairgrounds racetrack, and a bill expanding school vouchers in Hamilton County. The Nashville Scene has more on these bills. The Tennessean looks at other measures passed during the session.


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