Image Credit: submitted by author & Canva
Note from The Tennessee Conservative: Editorial statements in this column are the sole opinion of the author; they do not necessarily reflect the opinions of the staff of this publication.
Submitted by Erin Eslinger –
HB1971 is scheduled for consideration by the House Judiciary committee Monday afternoon and then returning to the Senate judiciary committee that same day.
At first, I felt anger—then the feeling turned into something deeper: sadness.
I went back and reviewed the video of the bill being presented in the Senate.
There were several statements made by Senator Stevens on SB1958 that are true. For example, yes—courts are for those who are injured, but that raises a critical question: what about redressability? That is the mechanism by which a court rectifies the harm
This is where I believe the bill is being dangerously overlooked.
HB1971 limits relief to declaratory or injunctive remedies, while eliminating the ability to recover damages. That distinction matters more than it’s being discussed.
Declaratory relief means a court can say a government action is unlawful.
Injunctive relief means a court can stop the government from continuing that action.
Damage, in simple terms, means compensation for harm already done.
I have not heard a single clear explanation on the record addressing this loss of damages, and that is deeply concerning. The conversation seems focused on protecting the legislative branch—yet it does so at the expense of the judiciary’s ability to fully deliver justice.
As written, this bill risks empowering government entities to act without meaningful consequence. It alters the very DNA of Tennessee law. If the remedies available to citizens are weakened, then what truly remains to protect their constitutional rights?
With a heavy heart, I will be watching this bill be considered in both the House Judiciary Committee and the Senate Judiciary Committee this week. It is scheduled to be considered by both committees tomorrow. I sincerely hope that enough of our representatives and senators recognize what is at stake—and choose not to let this legislation pass.
If you wish to contact legislators concerning HB1971 or SB1958, the contact information is provided below for the respective committees that will consider each bill.
House Judiciary Committee – HB1971 scheduled to be heard March 23
HB1971 removes the right of a cause of action for any affected person who seeks declaratory and injunctive relief in any action brought regarding the legality or constitutionality of a state governmental action.
Rep.andrew.farmer@capitol.tn.gov; rep.elaine.davis@capitol.tn.gov; rep.rebecca.alexander@capitol.tn.gov; rep.fred.atchley@capitol.tn.gov; rep.gino.bulso@capitol.tn.gov; rep.clay.doggett@capitol.tn.gov; rep.rick.eldridge@capitol.tn.gov; rep.johnny.garrett@capitol.tn.gov; Rep.ga.hardaway@capitol.tn.gov; rep.torrey.harris@capitol.tn.gov; rep.gloria.johnson@capitol.tn.gov; rep.kelly.keisling@capitol.tn.gov; rep.william.lamberth@capitol.tn.gov; rep.mary.littleton@capitol.tn.gov; rep.jason.powell@capitol.tn.gov; rep.lowell.russell@capitol.tn.gov; rep.gabby.salinas@capitol.tn.gov; rep.rick.scarbrough@capitol.tn.gov; rep.tom.stinnett@capitol.tn.gov; rep.chris.todd@capitol.tn.gov; rep.joe.towns@capitol.tn.gov; rep.ron.travis@capitol.tn.gov
Senate Judiciary Committee – SB1958 scheduled to be heard March 23
SB1958 removes the right of a cause of action for any affected person who seeks declaratory and injunctive relief in any action brought regarding the legality or constitutionality of a state governmental action.
Sen.todd.gardenhire@capitol.tn.gov; Sen.kerry.roberts@capitol.tn.gov; Sen.paul.rose@capitol.tn.gov; Sen.bobby.harshbarger@capitol.tn.gov; Sen.sara.kyle@capitol.tn.gov; Sen.london.lamar@capitol.tn.gov; Sen.john.stevens@capitol.tn.gov; Sen.brent.taylor@capitol.tn.gov; Sen.dawn.white@capitol.tn.gov
