TBA Law Blog


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Posted by: Kate Prince on Jul 26, 2022

The U.S. Supreme Court on Tuesday filed its final judgement overturning the landmark Roe v. Wade abortions right case, triggering a 30-day countdown to Tennessee’s near-total abortion ban, the Tennessean reports.  The “trigger ban” is set to supersede the six-week ban that has been in place since June. It contains no exceptions for rape or incest or for victims of child sexual abuse. Tennessee Attorney General Herbert Slatery released a statement this afternoon announcing he had notified the Tennessee Code Commission of the judgement which, per the trigger ban legislation, is required of him for the countdown to begin. The ban will take effect on Aug. 25.

Posted by: Kate Prince on Jul 26, 2022
News Type: Legal News

Attorney General Herbert Slatery is leading a 22-state coalition of attorneys general who are seeking to stop the Biden Administration’s enforcement of federal anti-discrimination laws, WPLN reports. The lawsuit challenges guidance from the USDA’s Food and Nutrition Services (FNS) that recognized protections for LGBT students and employees under Title IX. Under that guidance, any state, local agency or program receiving FNS funds would risk losing funding for discrimination based on gender or sexuality. Slatery released a statement today calling the measure an “expansive and unlawful interpretation of federal antidiscrimination laws.” The coalition is asking the court to declare the USDA memoranda and rule invalid and unlawful and to prohibit enforcement. 

Posted by: Kate Prince on Jul 26, 2022
News Type: Legal News

Longtime Collegedale City Judge Kevin Wilson says the state attorney general’s office has informed him that there are no prohibitions blocking him from also serving as the judge in East Ridge, the Chattanoogan reports. In order for Wilson to keep his part-time judgeship in East Ridge, Ordinance #1166, which “amends the city charter to allow the City Court judge to hold another part-time elected judicial position,” must pass. The ordinance will appear on the Aug. 4 ballot.

Posted by: Kate Prince on Jul 26, 2022
News Type: Legal News

Memphis nonprofit Just City has released a 76-page report on the state of youth justice in Shelby County, the Commercial Appeal reports. The organization commissioned Joshua Perry, former executive director of the Louisiana Center for Children’s Rights, to research and create the report, which tracked changes in the system during and after the six years that the U.S. Department of Justice monitored the Juvenile Court of Memphis and Shelby County. Among the key findings in Perry’s report were a lack of transparency in the county’s juvenile system and a vast racial disparity among youth transferred to adult court. According to the report, from 2012-2021 93.9% of youth transferred in the county were Black, while in 2020 only 60.2% of the under-20 population was Black. Read the report and its recommendations here.

Posted by: Kate Prince on Jul 26, 2022

More than one month after the U.S. Supreme Court overturned the Roe v. Wade abortion rights case, Tennessee officials are still unclear on when the state’s anti-abortion “trigger ban” will take effect, the Associated Press reports. The ban, which would restrict abortion almost entirely, cannot be enacted until within 30 days after the Supreme Court enters a judgement on the Roe ruling. Attorney General Herbert Slatery said in June that the state could enforce the law by mid-August, but a spokesperson for the office yesterday said they were “not sure” if that timeline was still in place. State Democrats have already said they’ll introduce legislation to expand the list of exemptions under the law. Sen. Rusty Crowe, R-Johnson City, who was a co-sponsor of the 2019 trigger ban legislation, told a legislative panel last week that he’d spoken with groups who think lawmakers should “fine-tune the trigger bill somewhat to make sure that we don’t get our docs in trouble when they’re trying to follow the law.”

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Legal News

Metro Nashville government has filed a motion for a temporary injunction that would pause implementation of the state’s Education Savings Account (ESA) program, the Nashville Post reports. A spokesperson for the Metro Nashville Public School System said officials are concerned that the state is “rushing to implement a voucher scheme with very few details or infrastructure in place.” The school system also says it has already set its budget for the coming year and could not afford to redirect funds to private schools. The Shelby County School System also filed to halt implementation of the program, Tennessee Lookout reports. The school choice program passed the legislature but was held up in the courts for years. Last week, the Davidson County Chancery Court lifted an injunction, allowing the program to go into effect. Gov. Bill Lee has been pushing for the program to be in place for the new school year, which starts in just a few weeks.

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Legal News, Upcoming

The National Bar Association (NBA) kicked off its 2022 Convention in Memphis yesterday — the first time in two years the group has held the gathering. "It was intentional to come to Memphis because of the history, all of the things going on downtown and the renaissance of Memphis, Judge Carlos Moore told The Commercial Appeal. Moore, NBA president and a managing partner of the Cochran Firm, said events throughout the week include keynote addresses, award ceremonies and social events. Individual tickets are available for certain events, including a Dru Hill concert tonight at 9 p.m. CDT, the Power 50 Luncheon on Wednesday and the NAACP Memphis Branch Freedom Fund Luncheon on Saturday. See all ticketed events here.

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Legal News

Alex Friedmann, a criminal justice advocate in Nashville, was found guilty last week of felony vandalism valued at $250,000, News Channel 5 reports. A jury found Friedman guilty of breaking into the Davidson County jail while it was under construction in 2019 and hiding weapons, ammunition and tools throughout the building. Sentencing will take place in September. For more than a decade before his arrest, Friedmann worked to become an advocate for criminal justice issues, taking up the cause after he was sentenced to 10 years in prison on an assault charge. Since then he has written and spoken about reform, including testifying at the U.S. Capitol and at the Tennessee State Capitol.

Posted by: Stacey Shrader Joslin on Jul 25, 2022

Former Sullivan County teacher Jeremy McLaughlin — suspended for three days without pay over posts he made on social media while off-duty — is set to become the first test case in Tennessee of a recent U.S. Supreme Court decision that granted First Amendment speech protection to the prayers of a Washington state high school football coach. McLaughlin claims that his expletive-laced posts about COVID and masking are also protected, Tennessee Lookout reports. The case is set for trial before U.S. District Judge Clifton Corker in September.

Posted by: Stacey Shrader Joslin on Jul 25, 2022
News Type: Legal News

Tennessee is abandoning plans for a major change to TennCare pharmacy benefits after federal health officials raised concerns, News Channel 9 reports. The state last year received approval from former President Donald Trump’s administration for an overhaul that included the change. Officials argued the change would produce flexibility and savings that would then fuel additional health coverage offerings. But advocacy groups expressed concerns the change would hamper access to medications. Last week, the Centers for Medicare & Medicaid Services directed the state to end the pharmacy program.


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