TBA Law Blog


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Posted by: Stacey Shrader Joslin on Dec 14, 2020
News Type: Election 2020

Presidential electors met across the country today to formally cast their votes for the country’s next president. In Tennessee, electors met at the state capitol with all 11 votes going to President Donald Trump without incident, the Tennessean reports. California's 55 electoral votes cast at 4 p.m. CST put Joe Biden over the 270 votes needed to affirm him as president-elect, the New York Times reports.

Posted by: Stacey Shrader Joslin on Dec 9, 2020

Secretary of State Tre Hargett is warning Tennesseans to be on the look out for solicitations to register to vote or cast an absentee ballot in another state. He is asking those who receive such solicitations to report them to the Division of Elections via its toll-free fraud hotline at 877-850-4959. “Voting in a state where you are not entitled to vote is morally and legally wrong,” Hargett said. Chattanoogan.com has more on the story.

Posted by: Stacey Shrader Joslin on Dec 9, 2020

Tennessee Attorney General Herbert Slatery is supporting Texas Attorney General Ken Paxton’s attempt to overturn the election results in four states that voted for President-elect Joe Biden, the Nashville Post reports. Yesterday, Paxton asked the U.S. Supreme Court to invalidate election results in Pennsylvania, Wisconsin, Georgia and Michigan. Today, Slatery signed on to an amicus brief supporting the challenge. In a statement, Slatery said he joined the suit to support “separation-of-powers principles” and his office’s position that only a state legislature has the authority to make and change election laws. A spokesperson for Republican Georgia Attorney General Chris Carr said that Paxton was “constitutionally, legally and factually wrong about Georgia.”

Posted by: Stacey Shrader Joslin on Nov 18, 2020

President-elect Joe Biden likely will move quickly to reestablish Obama-era priorities within the U.S. Department of Justice and focus on police accountability, criminal justice experts tell Law360. Among the moves expected are a strengthening of the Civil Rights Division, reinstatement of the Office for Access to Justice, and return of “pattern and practice” investigations into police departments accused of misconduct. Democratic congressional leaders also are expected to push for police reforms like a federal chokehold ban and ending qualified immunity.

Posted by: Stacey Shrader Joslin on Nov 11, 2020
News Type: Election 2020, Politics

Tennessee Republican Party Chair Scott Golden has announced he will seek a third term as the state GOP’s leader, the Nashville Post reports. Golden was first elected to the job in 2016 after working as an aide to former Reps. Stephen Fincher and Marsha Blackburn (now a U.S. senator from the state). Golden said the party will spend much of 2021 preparing for redistricting and the 2022 election. His counterpart at the Tennessee Democratic Party, Mary Mancini, announced over the weekend that she would not seek re-election after an election cycle in which Republicans easily won statewide races for U.S. Senate and president and lost only one seat in the General Assembly.

Posted by: Stacey Shrader Joslin on Nov 11, 2020

In an election that saw record turn out, voters also made their voices heard on key ballot measures across the country to change the criminal justice system, Law 360 reports. Proposals adopted focused on different aspects of reform, including increased oversight of police departments, reassigning funds meant for police to other community resources, restoring voting rights for felons on parole, a crime victims’ bill of rights, decriminalization of personal possession of illegal drugs, and legalization of both recreational and medical marijuana. In a related article, Law 360 looks at a number of “progressive newcomers” elected to top prosecutor posts in cities around the country. The election of these reformers demonstrates a “huge cultural divide ... on issues relating to law enforcement and criminal justice,” according to University of Southern California government professor Dan Schnur.

Posted by: Stacey Shrader Joslin on Nov 9, 2020

Kamala Harris’s election as vice president creates a quandary for her husband about how to navigate his law career, Bloomberg Law reports. While the types of cases Doug Emhoff handles as an entertainment and commercial attorney are not likely to generate White House intrigue, his partnership at DLA Piper poses broad conflict-of-interest questions, especially given the firm’s lobbying clients, which include major companies and foreign governments. Emhoff is currently on a leave of absence from the firm. The article also suggests that ethical limits for government officials’ lawyer spouses remain largely unclear, especially for vice presidents, who are not covered by many federal conflict-of-interest rules.

Posted by: Stacey Shrader Joslin on Nov 9, 2020

Four days after Tennessee Democrats made slight progress in statehouse races, Tennessee Democratic Party Chairman Mary Mancini announced she will not seek re-election in 2021. Several individuals have expressed interest in the post, including Washington County Party Chair Kate Craig and Rep. London Lamar, D-Memphis. Mancini’s decision came a day after House Democratic Caucus Chair and Nashville Rep. Mike Stewart said he does not plan to again seek that leadership position. Two Nashville Democrats, Reps. Vincent Dixie and John Ray Clemmons, have announced they will vie for the position, while another, Rep. Bo Mitchell, is expected to consider a run. Tennessee Lookout reviews both of these developments. The Nashville Post also has an update.

Posted by: Kate Prince on Nov 5, 2020
News Type: Election 2020

President Donald Trump’s campaign has filed lawsuits in Pennsylvania, Michigan and Georgia and is trying to intervene in a pending Pennsylvania case seeking U.S. Supreme Court review, the ABA Journal reports. Suits in Pennsylvania and Michigan seek to stop the vote count until GOP poll watchers can gain more access to the counting process. A Pennsylvania court today sided with Trump, ruling that observers should be allowed to watch all parts of the vote count “within 6 feet.” The Georgia suit centered on Chatham County and alleged absentee ballots were being accepted after the deadline and that a poll worker saw late ballots being added to on-time ballots. The Hill reports that a county judge dismissed that suit hours after it was filed. The Trump campaign also has called for a recount of votes in Wisconsin. The ABA Journal has a breakdown of additional legal actions filed by the campaign.

Posted by: Kate Prince on Nov 5, 2020
News Type: Election 2020

Election officials in Tennessee are reporting that 3,045,401 people cast their votes on Tuesday, smashing the previous record of 2.6 million voters in the 2008 election, the Tennessean reports. Voter turnout in Tennessee is often ranked among the lowest in the country, hovering in the 60% range since 1996. On Election Day, state election officials at all levels reported that everything went smoothly, possibly thanks to the unprecedented amount of early and absentee voters this year. Officials are expected to certify Tuesday's vote by Nov. 23.


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