TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 12, 2023

Shelby County commissioners today voted unanimously to appoint Justin J. Pearson to the state House seat he was expelled from last week. None of the four Republican commissioners were in attendance and Democrats Britney Thornton and Michael Whaley were absent as well, the Daily Memphian reports. Republican commissioner Mick Wright issued a statement just before the special meeting saying he could not “in good conscience contribute to what I see as a breakdown in our representative system of government.” A group of several hundred marched from the National Civil Rights Museum to the Vasco A. Smith Jr. County Administration building in support of Pearson, who was expelled from the District 86 seat Thursday for violating House rules of decorum. According to the National Bar Association, Pearson will be sworn back into the House at 9 a.m. CDT tomorrow. He will have to run again for the seat in a special election. Commissioners say holding that election could cost up to $1 million.

Posted by: Paul Burch on Apr 11, 2023

Democratic Rep. Justin Jones has returned to his seat in the Tennessee House of Representatives after the Metro Council yesterday voted unanimously to reinstate him. Jones was expelled last Thursday for leading public protests on the House floor for new gun legislation.  "I want to welcome democracy back to the people's house," Jones said from the floor after his swearing in,  the Tennessean reports. The Shelby County Council will vote tomorrow on whether to reinstate Rep. Justin Pearson who was also expelled.

Posted by: Stacey Shrader Joslin on Apr 10, 2023

A panel of three Tennessee judges today granted an injunction that temporarily halts implementation of a new state law limiting city and metropolitan councils to 20 members or less. The law, which impacted only Metro Nashville, would require the city to cut its council in half according to the Tennessean. City leaders challenged the law’s constitutionality and argued the measure would complicate upcoming local elections. With the injunction in place, Nashville can move forward with its Aug. 3 election with 40 council seats on the ballot, the paper reports.

Posted by: Paul Burch on Apr 10, 2023

In a special meeting this afternoon the Metro Nashville Council voted unanimously to temporarily reinstate former Rep. Justin Jones to the legislature effective immediately, the Tennessean reported. Jones was one of two Black representatives expelled Thursday for protesting the House's refusal to consider new gun control legislation in the aftermath of a deadly local school shooting that claimed six, including three children. On Wednesday, the Shelby County Commission will consider reappointing the other expelled legislator, Rep. Justin Pearson, the Commercial Appeal reports. Both Jones and Pearson have said they will run again for their seats in upcoming special elections.

Posted by: Stacey Shrader Joslin on Apr 10, 2023

The leadership of the National Bar Association (NBA), together with members of the group’s Tennessee affiliate chapters, was in Nashville today for a rally to support the three state representatives who faced expulsion action last week. Those scheduled to be in attendance included NBA President Lonita Baker of Louisville and Vice President of Membership Ashley Upkins of Nashville. The day included a rally at 3:30 p.m., attendance at the Metro Council’s 4 p.m. meeting to consider reappointing Rep. Justin Jones and a march to the state capitol at 5 p.m. CDT.

Posted by: Stacey Shrader Joslin on Apr 10, 2023

Tennessee has lost millions in funding for birth control, pregnancy testing and basic infertility services for low-income individuals according to the Commercial Appeal. A spokesperson for Gov. Bill Lee said he will propose an amendment to the state budget to make up for the loss. The budget amendment reportedly will include $7.5 million in recurring funding and $1.8 million in non-recurring funding for the current fiscal year. The state lost the funding when the U.S. Department of Health and Human Services determined that it violated requirements that recipients be made aware of all their options, including abortion, after a positive pregnancy test. Tennessee said it would advise individuals of "all legal options."

Posted by: Stacey Shrader Joslin on Apr 7, 2023

The Tennessee House of Representatives last night voted 69-26 to expel a second Democratic member, Rep. Justin Pearson of Memphis, after voting to expel Rep. Justin Jones earlier in the day. Rep. Gloria Johnson of Knoxville survived an attempt to expel her by a single vote, WPLN reports. The votes came a week after the trio chanted back and forth from the chamber floor with gun-control supporters who packed the gallery. Local officials in both Memphis and Nashville are indicating support for sending Jones and Pearson back to the state House. The Metro Nashville Council will meet Monday to begin the special appointment process, the Tennessean reports. In Memphis, the city commission is considering reappointing Pearson but is seeking legal clarification on its options, the Commercial Appeal reports. In related news, Vice President Kamala Harris was scheduled to be in Nashville today to push for gun control. She planned to meet with the state legislature's Democratic Caucus as well as young people who have been protesting at the state Capitol in support of gun reform according to the Tennessean.

Posted by: Stacey Shrader Joslin on Apr 7, 2023

TBA's Director of Public Policy & Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Ashley Harbin are out with a new Legislative Update podcast today. In this week's episode, they discuss legislation capping the cost of electronic medical records (HB647/SB1313), the Tennessee Revised Uniform Arbitration Act (HB1162/SB775) and two adoption bills: a substantive bill (SB919/HB854) and a technical bill (SB921/HB855). The pair also discuss the resolutions to expel Rep. Justin Jones, Rep. Gloria Johnson and Rep. Justin Pearson from the House of Representatives and an update on the professional privilege tax. The program airs each week during the legislative session on TBA’s Facebook page. It is also posted on the TBA’s website and wherever you listen to podcasts.

Posted by: Julia Wilburn on Apr 6, 2023

The Tennessee House of Representatives has expelled the first of three Democratic members who were at risk of being thrown out of the legislature for their role in a demonstration calling for gun control after the Nashville school shooting, the Associated Press reports. The vote Thursday to oust Rep. Justin Jones of Nashville was an extraordinary move the chamber has used only a handful times since the Civil War. The House was also to consider ousting Reps. Gloria Johnson, Knoxville, and Justin Pearson, Memphis. Votes on those expulsions were expected later today. The move comes a week after the trio chanted back and forth from the chamber floor with gun-control supporters who packed the gallery. House lawmakers voted 72-25 to remove Jones. 

Posted by: Julia Wilburn on Apr 6, 2023

A bill to add exceptions to Tennessee’s strict abortion ban has passed the state Senate. It now goes to Gov. Bill Lee’s desk for his signature or veto. The Tennessean reports that it's unlikely he will veto the bill, which would allow doctors to legally perform abortions to save the life of a pregnant patient. The legislation, Senate Bill 745 as amended, explicitly exempts ectopic and molar pregnancies from Tennessee's abortion ban, in addition to allowing doctors to perform abortions if in their "reasonable" medical judgment an abortion would prevent the death or "to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman."


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