Image Credit: Gov. Bill Lee / Facebook, TN General Assembly & Canva
The Tennessee Conservative [By Paula Gomes] –
A bill that conservatives have strongly pushed back on this legislative session over concerns it strips an individual’s right to challenge constitutionally questionable state laws was signed into law by Governor Bill Lee on Tuesday.
In the House, almost as many Republicans voted against the legislation as Democrats, eighteen Republicans to twenty Democrats.
In the Senate last week, seven Republicans joined all six Democrats in siding with concerned conservatives and voting no but the bill passed 18 to 13 with Senator Kerry Roberts (R-Springfield-District 23) present but not voting.
The Senate moved to substitute and conform to the House Bill, the summary of which states, “Present law provides a cause of action for any affected person who seeks declaratory or injunctive relief in any action brought regarding the legality or constitutionality of a governmental action.”
HB1971/SB1958 limits such cause of action to “actions of political subdivisions of this state and specifies that such cause of action does not apply to challenges to the validity or constitutionality of state law.”
Before the Senate vote, sponsor John Stevens (R-Huntingdon-District 24), began a lengthy introduction by stating, “In 2018, the General Assembly passed a well meaning bill intended to give Tennesseans a limited pathway to challenge bureaucratic regulatory overreach.”
Stevens said that while he supported the measure, “It was never intended to waive the state’s sovereign immunity protections based in common law and our constitution.”
With the signing of HB1971/SB1958, state law will revert to what it was in 2018, law under which the state had operated for 200 plus years.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
