TBA Law Blog


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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.

Posted by: Stacey Shrader Joslin on Apr 24, 2023

The Tennessee General Assembly wrapped up business for the session around 7:30 p.m. CDT on Friday. Shortly after the legislature adjourned, Gov. Bill Lee said he would call a special session to consider gun reform. Lee repeated his call for legislative action on a new “Order of Protection” law saying, "there is broad agreement that dangerous, unstable individuals who intend to harm themselves or others should not have access to weapons." Additional details about the session will be announced in the coming days, according to a release from the governor’s office.

Posted by: Stacey Shrader Joslin on Apr 21, 2023

Tennessee’s two largest cities, Nashville and Memphis, have been running independent, civilian-led boards to investigate police misconduct allegations and review policing policies for a number of years. Yesterday, the state legislature voted to abolish the groups, WPLN reports. Nashville's community oversight board was created by referendum in 2018 following police shootings of Jocques Clemmons in 2017 and Daniel Hambrick in 2018. The Memphis Civilian Law Enforcement Review Board was established in 1994.

Posted by: Julia Wilburn on Apr 21, 2023

The Tennessean reports that Democrats in the state legislature are calling for a special session on gun reform as time appears to be running out for consideration of Gov. Bill Lee's proposed order of protection law as well as gun safety measures proposed by others. Democratic Reps. Bob Freeman and Justin Jones, both of Nashville, called for Lee to bring lawmakers back for a special soon. Meanwhile, Republican Caucus Chair Jeremy Faison, R-Cosby, said lawmakers aren't able to "get their minds around at 15-page bill" before session end, which legislators hope will happen today. Faison said he has encouraged the governor to spend a few weeks in conversation with affected groups and then call a session.

Posted by: Julia Wilburn on Apr 21, 2023

Both the state Senate and House have approved a bill fighting surprise fees that are tacked onto concert and sports tickets at checkout. A spokesperson for Gov. Bill Lee tells Axios the governor intends to sign it into law. The bill requires ticket vendors to show the base price of a ticket and the total price with fees and taxes included before asking for payment. It also bans sellers from using misleading websites to convince customers they are an official or approved source for tickets. Legislators were inspired to take action after the recent Taylor Swift concert ticket debacle, resulting in at least one lawsuit against Ticketmaster. That incident triggered bipartisan condemnation and a broader examination of ticket sales in the concert industry.

Posted by: Julia Wilburn on Apr 21, 2023

The Tennessee House yesterday gave final approval to legislation to designate Juneteenth as a legal state holiday, according to the Chattanooga Times Free Press. Juneteenth, already a federal holiday, commemorates June 19, 1865, when Union Maj. Gen. Gordon Granger issued a proclamation declaring the freedom of Black slaves in Texas. Juneteenth is currently recognized as a Day of Special Observance in Tennessee. Legislation making it a legal state holiday passed the Senate last month. "I'm very appreciative of the legislature passing the bill. We expect the governor to sign it," said Rep. Yusuf Hakeem, a Black Chattanooga Democrat who supported the bill.


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