Image Credit: capitol.tn.gov
The Tennessee Conservative Staff –
The House State Government Committee passed a bill that would prevent the judicial branch from interfering with Tennessee House and Senate rules on Wednesday.
House Bill 1652 (HB1652), sponsored by Representative Gino Bulso (R-Brentwood-District 61), which would allow the legislature to instruct the lower courts as to where their jurisdiction lies instead of those inferior courts attempting to control the legislature.
HB1652, “As introduced, 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. – Amends TCA Title 16.”
After Bulso’s introduction of the bill, the committee went out of session for testimony.
One of those panelists was Allison Polidore, a woman who was escorted from a committee meeting in August 2023 after holding up a sign in favor of stricter gun legislation, argued that the bill was created to limit “silence the voice of the people” and in direct response to her suing the legislature.
Representative Justin Pearson (D-Memphis-District 86) then initiated a discussion with the three panelists regarding their thoughts about being “targeted” by this piece of legislation. Polidore told the committee that she would be prepared to file another lawsuit if the legislation passes.
After going back into session, Bulso clarified that Polidore did not win that case and that it was dismissed voluntarily by the attorney general and then explained that the bill did not suppress freedom of speech because a violation of first amendment rights would be heard by a federal court.
Representative Darren Jernigan (D-Old Hickory-District 60) argued that the legislation was unconstitutional and would prevent citizens whose rights were violated from going to “Tennessee courts that were built by Tennessee taxpayers to go before a judge that we have elected to address laws that we have passed down here.”
Bulso responded to all objections by stating that the state Constitution already gives the legislature that power to create its own policies. He also stated that citizens oculd use their voting rights to remove legislators that they believed brought unjust legislation rather than allowing the judicial branch to have any control in the matter.
After a call for previous question, Chairman Kelly Keisling (R-Byrdstown-District 38) called for a roll call vote as had been requested. The bill was passed with 14 ayes and 7 nay votes. Representative Tom Leatherwood (R-Arlington-District 99) was the sole Republican to vote against the bill.
The bill will move on to the House Calendar and Rules Committee.
