Image Credit: TN General Assembly
The Tennessee Conservative [By Paula Gomes] –
Legislation that received considerable conservative pushback over concerns that it strips an individual’s right to challenge constitutionally questionable state laws passed on the Senate floor on Tuesday in an 18 to 13 vote.
Seven Republicans voted against the bill along with six Democrats, some of which questioned the sponsor about the wisdom of making it harder for Tennesseans to sue the state over laws they find unconstitutional.
The Republicans who sided with concerned conservatives were Senators Richard Briggs (R-Knoxville-District 7), Rusty Crowe (R-Johnson City-District 3), Bobby Harshbarger (R-Kingsport-District 4), Adam Lowe (R-Calhoun-District 1), Mark Pody (R-Lebanon-District 17), Page Walley (R-Savannah-District 26), and Bo Watson (R-Hixson-District 11). Senator Kerry Roberts (R-Springfield-District 23) was present but did not vote.
Sponsor of Senate Bill 1958, Senator John Stevens (R-Huntingdon-District 24), gave a lengthy introduction on the nature of the legislation before the vote on the Senate floor.
“In 2018, the General Assembly passed a well meaning bill intended to give Tennesseans a limited pathway to challenge bureaucratic regulatory overreach,” began Stevens. “I supported this measure as many of you did as well. It was never intended to waive the state’s sovereign immunity protections based in common law and our constitution.”
Stevens stated that prior to 2018, some suits against the state were dismissed for lacking jurisdiction, which Stevens explained is “the legal permission or authority a court needs before it can hear a case and make a decision that everyone has to follow.”
Before the enactment of statute 13121 in 2018, Stevens said that “courts only decided real, live disputes, not what-if questions or problems that might happen someday but haven’t actually shown up yet.”
Since the passing of the 2018 law, Stevens said that the statute has been interpreted by state courts “to allow parties to seek declaratory and injunctive relief without an actual case and controversy” and gave as an example, the suit against Governor Bill Lee by Shelby County Mayor Lee Harris over the Tennessee National Guard being deployed as part of the Memphis Safe Task Force.
“Essentially, trial courts have interpreted 13132 to allow advisory opinions, resisted enforcing those justiciable doctrines like standing, ripeness, mootness, political questions. Because of this law and how it’s being applied, we’ve upset the constitutional balance of powers in the state of Tennessee,” stated Stevens.
When the companion bill (HB1971) passed in the House, Tennessee Stands who have opposed the legislation from the beginning, pushed back on the argument that going back to what the law was up until 2018 takes nothing away from the ability of Tennesseans to sue.
“What people fail to remember is the government overreach we all experienced in 2020 and 2021 under Republican leadership. Every single one of us had our rights, the rights given to us by God and God alone, impacted because of government overreach and unconstitutional polices,” said the group. “But now under this new law, we cannot seek relief from future policies unless we are physically and financially harmed first. And we can afford to prove it.”
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
