Image: Bill Sponsor Representative Gino Bulso (R-Brentwood-District 61) & Democrat legislation critics Justin Jones & Justin Pearson Image Credit: capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
A bill to prevent the lower courts from taking up cases concerning or interfering with Tennessee House and Senate rules was passed in the Tennessee House of Representatives on Monday by a 59-30 vote.
House Bill 1652 (HB1652), sponsored by Representative Gino Bulso (R-Brentwood-District 61), would codify the legislature’s attempt to control the lower courts of the judicial system instead of allowing those lower courts to control the legislature.
This would be done by instructing the lower courts as to where their jurisdiction lies.
The summary for HB1652 states that the legislation, “declares that no circuit, chancery, or other court has subject matter jurisdiction over any legal action, challenging any rule, regulation, or procedure of the senate or house of representatives.”
On March 4th, 2024, during a contentious discussion on the House floor, three different amendments were proposed for HB1652.
The first was a committee amendment meant to simply clean up the language of the bill. This amendment passed despite objection.
Amendment 2 and Amendment 3 were both brought by Rep. Justin J. Pearson (D-Memphis-District 86). Both amendments contradicted the purpose of the legislation and failed on the House floor.
In final discussion of HB1652, Rep. Bulso addressed House members saying, “Our constitution, specifically Article 2, Section 12, provides that each house may determine the rules of its proceedings. Our constitution specifically vests the House and the Senate with the ability and the authority and the power to determine their own rules.”
“This is a bill that exercises the authority that this body has under Article 6, Section 8 of our constitution,” continued Rep. Bulso. “[This bill] determines that no trial court, that is no chancery court, circuit court or inferior court shall have subject matter jurisdiction to entertain a challenge to any of the rules, just the rules, that this body adopts.”
Rep. Justin Jones (D-Nashville-District 52) spoke in opposition of the legislation.
“If […] we were confident in our rules, why would we pass laws to take them outside the jurisdiction of the court?” asked Rep. Jones. “It’s because time and time again the courts have ruled the rules of this body as unconstitutional, as in violation of state and federal law.”
“This law will pass, but I know the courts will overturn it because that seems to be the pattern of this body,” Rep. Jones went on. “I hope that there’s at least one Republican who will say, ‘I’m not gonna vote for this today,’ that ‘I’m not gonna take the people’s house from the people.’ There’s a few of you all who said ‘we don’t agree with the ticket policy,’ but are afraid to speak up against leadership.”
Objections were voiced on final passage of the bill, however, HB1652 ultimately passed in the House by a 59-30 vote.
The Republican Representatives voting in favor of this bill were Alexander, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Capley, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Farmer, Fritts, Grills, Haston, Hawk, Helton-Haynes, Hicks T., Hill, Howell, Hulsey, Hurt, Johnson C., Keisling, Lafferty, Lamberth, Littleton, Lynn, Marsh, Martin B., McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vital, Warner, White, Wright, Zachary, and Speaker Sexton.
Republican Representatives Garrett, Hazlewood, Hicks G., Richey, and Vaughan were recorded as present and not voting.
Republican Representatives Barrett, Gillespie, Leatherwood, Martin G., Whitson, and Williams voted against this legislation alongside Democrat Representatives Behn, Camper, Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G., Jones, Love, McKenzie, Miller, Mitchell, Parkinson, Pearson, Powell, Shaw, Thompson, and Towns.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.