Tennessee House Speaker Cameron Sexton (R-Crossville) introduced a bill on Thursday to withhold state funding from local governments that defy state law or the state’s constitution.
Read the full storyTag: Tennessee Constitution
Tennessee Bill Would Encourage Schools to Display Ten Commandments, Declaration of Independence, U.S. Constitution in Classrooms
Legislation submitted to the Tennessee State House of Representatives on December 19 would allow Local Educational Agencies (LEAs) and public school charters to adopt policies allowing the display of the Ten Commandments, the U.S. Constitution, and Declaration of Independence in classrooms.
According to its summary, House Bill 47 by State Representative Michael Hale would give entities governing Tennessee’s schools the opportunity to publicly display, “the Ten Commandments, the Declaration of Independence, the Constitution of Tennessee, the Bill of Rights,” and other historical documents at a “prominent location in each school building.”
Read the full storyTennessee Lawmakers Continue Push to Ban Statewide Property Taxes
State lawmakers will continue pushing to amend the Tennessee Constitution to ban statewide property taxes during the next legislative session.
Senate Joint Resolution 0001, filed by State Senator Ferrell Haile (R-Gallatin), would prohibit the Tennessee General Assembly from levying, authorizing, or otherwise permitting a state tax on property.
Read the full storyState Director of Marsy’s Law for Tennessee Bonnie Brezina on Constitutional Amendment: ‘If Not Now, When?’
Bonnie Brezina, who serves as the state director of Marsy’s Law for Tennessee, said the state is in a positive position to vote on Marsy’s Law as a constitutional amendment on the statewide ballot in 2026.
Read the full storyTennessee House Speaker Sexton Provides New Details on Constitutional Amendment to Refuse Bail for More Violent Criminals
A spokesman for Tennessee House Speaker Cameron Sexton (R-Crossville) on Monday provided The Tennessee Star with new details about the constitutional amendment proposed last week in Memphis to allow Tennessee judges to refuse to grant bail to more violent criminals.
Sexton was joined by Senate Majority Leader Jack Johnson (R-Franklin) and Memphis Mayor Paul Young in a Friday press event with other lawmakers and community leaders to call for the constitutional amendment, which would need to be approved by Tennessee voters in a public referendum.
Read the full storyTennessee House Speaker, Senate Majority Leader Call for Constitutional Amendment to Let Judges Deny Bail for Violent Criminals
Tennessee House Speaker Cameron Sexton (R-Crossville) and Senate Majority Leader Jack Johnson (R-Franklin) joined Memphis Mayor Paul Young and a number of lawmakers from both major political parties at a Friday press event in Memphis to call for an amendment to the Tennessee Constitution that would empower judges to deny bail more often.
Sexton, Johnson and Young were joined by State Senator Brent Taylor (R-Memphis) and State Representative Antonio Parkinson (D-Memphis), and other local leaders, to call for the constitutional amendment.
Read the full storyTennessee State Senate Maps Ruled Unconstitutional Over Misnumbered Districts
A Tennessee court ruled Wednesday afternoon that Republican-drawn state Senate maps are unconstitutional, giving the General Assembly until January 31 to adopt new maps.
Read the full storyLegal Battle Rages Between Victims’ Rights and The Public’s Right to Know in Covenant Killer Manifesto Lawsuit
In the days following the horrifying shootings at Nashville’s Covenant Presbyterian School, police said the killer, Audrey Elizabeth Hale, acted “totally alone.”
Hale, a 28-year-old woman who identified as a transgender man named “Aiden,” was killed by police 14 minutes after her deadly rampage began. Before she was neutralized, Hale had taken the lives of three 9-year-olds and three staff members at the private Christian school she once attended as a child.
Read the full storyCommentary: Tennessee Democrat Proposal for a Red Flag Law
On April 20, 2023, Tennessee Firearms Association received a “leaked” draft of a Red Flag law which information indicates is likely being offered by Tennessee Democrats since it seeks to amend House Bill 1233 Senate Bill 1029 which has Democrat sponsors in the House and Senate. Of particular concern, however, is that House Republican Caucus Chairman Jeremy Faison (R-Cosby). Since a high ranking House Republican leader is a sponsor on the bill, it must be considered whether this is a second attempt by Governor Bill Lee to get a Red Flag law to the floor.
Read the full storyMichael Patrick Leahy and Clint Brewer Examine Tennessee State Law in Special Election to Fill for Jones and Pearson Vacancies
Thursday morning on The Tennessee Star Report, host Michael Patrick Leahy welcomed recovering journalist Clint Brewer in studio to examine what would happen next in fulfilling the vacancies of Justin Jones and Justin Pearson.
Read the full storyProposed Legislation Restores Tennessee’s Sovereignty Through Nullification
A bill making its way through the Tennessee General Assembly seeks to restore the state’s sovereignty by establishing a process for the nullification of unconstitutional federal actions.
HB0726 and companion SB1092 sponsored by Rep. Bud Hulsey (R-Kingsport) and Senator Janice Bowling (R-Tullahoma), respectively, is officially titled “Restoring State Sovereignty Through Nullification Act.”
Read the full storyState Representative Chris Todd: Right to Work Amendment Is a ‘Fundamental Right of Individuals to Choose Where They Spend Their Money’
Friday morning on The Tennessee Star Report, guest host Gulbransen welcomed (R-TN-73) Representative Chris Todd to the newsmaker line to discuss the importance of instilling the right to work law in the Tennessee constitution and solidifying a citizen’s right to choose.
Read the full storyCo-Hosts Leahy and Gulbransen Discuss Constitutionally Conservative Right-to-Work Amendment 1
Tuesday morning on The Tennessee Star Report, host Leahy welcomed all-star panelist Aaron Gulbransen in studio to discuss right to work, left-leaning labor unions, and the importance of voting for constitutionally conservative Amendment One in Tennessee.
Read the full storyChampion of Home Schooling Outlines the Characteristics of an Educated Citizenry
Tuesday morning on The Tennessee Star Report, host Leahy welcomed the president of the Tennessee Home Education Association, Claiborne Thornton in studio to explain the components that make up an educated citizenry.
Read the full storyAaron Gulbransen Discusses Upcoming Midterms and the Importance of Voting ‘Yes’ on Amendment 1
Tuesday morning on The Tennessee Star Report, host Leahy welcomed all-star panelist, official guest host, and Faith and Freedom Coalition Tennessee Director Aaron Gulbransen in-studio to discuss whether Republicans will take the House and the importance of voting yes on one.
Read the full story‘Right to Work’ Amendment to Tennessee Constitution Allows Union Opt-Out
The citizens of Tennessee will have the opportunity to vote to add a “right to work” provision into the state constitution on election day this November 8.
Constitutional Amendment 1 would amend Article XI of the Tennessee Constitution to add:
It is unlawful for any person, corporation, association, or this state or its political subdivisions to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization.
Read the full storyProposed Constitutional Amendment Could Change Tennessee Governor’s Succession Line
A ballot initiative that will be voted upon this November could change the way Tennessee’s gubernatorial line of succession is structured.
” On the November 8 ballot, Tennessee voters will have the opportunity to weigh in on a proposed amendment to the state constitution that establishes a framework for a temporary transition of power for the highest elected official in the state,” said a press release from the Tennessee General Assembly. “If approved, the amendment would be invoked if the governor is temporarily incapacitated and unable to perform his or her duties, most likely due to a medical emergency. Tennessee is the only state that does not have a provision in its state constitution to address this issue.”
Read the full storyTennessee Star Report Host Leahy Explains Tennessee’s Separation of Powers Problem
Thursday morning on The Tennessee Star Report, host Leahy welcomed all-star panelist Clint Brewer in-studio to discuss the lack of transparency in choosing Tennessee’s attorney general and how it currently operates without adhering to the state’s constitution.
Read the full storyHost Leahy and New Official Guest Host Aaron Gulbransen Discuss the Attorneys General Selection Process in Tennessee
Tuesday morning on The Tennessee Star Report, host Leahy welcomed official guest host Aaron Gulbransen in studio to review the process in which an attorney general is chosen in the state of Tennessee.
Read the full storyAll-Star Panelist Clint Brewer Offers His Perspective on TN Secretary of State’s Communications About Residency Bill Requirements
Thursday morning on The Tennessee Star Report, host Leahy welcomed all-star panelist Clint Brewer in-studio to give his take on the statement made by Secretary of State Tre Hargett in regards to the three-year residency bill signed into law on April 13th.
Read the full storyState Rep. Tim Rudd: Ortagus, Starbuck, Winstead, and Baxter Lee Ineligible for TN-5 Primary under TN GOP Bylaws, ‘Based on What Members of the Party Are Telling Me’
Tuesday morning on The Tennessee Star Report, host Leahy welcomed State Representative Tim Rudd to the newsmaker line to discuss the constitutionality of SB2616, which would require three-year residency for GOP House and Senate candidates.
Read the full storyNew Bill Proposal Would Temporarily Replace District Attorney Who Refuses to Enforce Laws
New legislation has been discussed in the Tennessee General Assembly focusing on District Attorneys that do not enforce laws. On Wednesday, Speaker Cameron Sexton (R-Crossville-25) proposed new legislation.
Sexton’s proposed bill states that:
District Attorneys – As introduced, allows the attorney general and reporter to petition the court for appointment of a district attorney general pro tem if a district attorney general peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances; requires the court to appoint a district attorney general pro tem if the court finds the district attorney general has refused to attend and prosecute according to law.
Read the full storyTennessee Stands’ Gary Humble: Our Constitution Gives Us a Duty to Resist Arbitrary Power
LOUDON, Tennessee – Tennessee Stands Executive Director Gary Humble told a group of at least 300 attendees at a Tellico Village Conservative Club meeting Wednesday that the state’s constitution gives Tennesseans the duty to resist arbitrary power.
Humble was referring to the doctrine of nonresistance contained within the Bill of Rights of the Constitution of the State of Tennessee, which reads in Article I, Section 2:
Read the full storyConstitutional Amendment Establishing ‘Right to Work’ Regardless of Union Membership Passed by Tennessee General Assembly
On Thursday the House passed the “Right to Work,” ensuring an individual’s right to work regardless of union affiliation. This protection would be enshrined in the Tennessee Constitution. Under the resolution, no person, corporation, association, or the state or any political subdivisions can deny anyone based on labor union or employee organization membership.
The resolution asserts that individuals have a fundamental civil right to either join or refuse to join a labor union or employee organization. State Senator Brian Kelsey (R-Germantown) sponsored this resolution. The resolution achieved its first approval under SJR0648, passed last June and also sponsored by Kelsey.
Read the full storySenate Considering Constitutional Amendment to Formally Allow Faith Leaders Seat at Legislative Table
Voters will likely see on the ballot an amendment confirming that faith leaders and teachers can lawfully join the legislature. The Supreme Court (SCOTUS) ruled in McDaniel v. Paty, et al. in 1978 that this provision was unconstitutional. It is unclear why Tennessee never updated its constitution to strike that provision. It is also unclear what the legislature could do if voters were to turn down the amendment.
The proposed resolution by State Senator Mark Pody (R-Lebanon) reaffirms SCOTUS rejection of excluding individuals from the legislative process based on their status as a recognized teacher or leader within the Christian faith.
Read the full storySenate Passes Constitutional Amendment to Change Attorney General Selection Process
The Tennessee Senate passed a resolution to allow the General Assembly a say in the selection process for the Attorney General and Reporter for the state. If adopted, the amendment would transfer final decision-making on these two positions from the Supreme Court to the General Assembly. Under the amendment, the Supreme Court would nominate an Attorney General and Reporter. The legislature would have 60 days to vote on the nominees. If the vote doesn’t occur within 60 days, then the nominees are confirmed by default. The amendment would require a majority vote to confirm the nominees.
Additionally, the amendment would reduce the term length for both positions from eight years to six years. It also outlines that both individuals must be at least 30 years old, a citizen of the United States, an attorney licensed in the State, and a resident for at least five years preceding nomination.
Read the full storyMaury County Mayor Andy Ogles Reviews the Emergency Powers Granted to Governor Lee by Statute but Limited by The Tennessee Constitution
Tuesday morning on the Tennessee Star Report, host Michael Patrick Leahy welcomed Maury County Mayor Andy Ogles to the studio to explain and clarify the governor’s emergency powers according to the Tennessee Constitution.
Read the full storyExecutive Director Gary Humble of Tennessee Stands Discusses Their Mission and Pending Lawsuits
Monday morning on the Tennessee Star Report, host Michael Patrick Leahy welcomed Tennessee Stands Executive Director Gary Humble to the newsmakers line to talk about his mission, pending lawsuits, and what motivated the creation of the 501 (c)(4).
Read the full storyState Senator Pody Introduces Constitutional Amendment to Limit Government Overreach During Emergencies
State Senator Mark Pody (R-Lebanon) proposed a constitutional amendment to limit governmental power during emergencies. Tennessee Stands, a nonprofit social advocacy organization, instigated the proposal of this amendment.
“No declaration of emergency by the federal government, the governor of this state, or any agent or political subdivision of this state shall be construed to lessen or abridge the rights and privileges of the citizens of this state guaranteed by this Constitution or lessen or diminish the controlling authority of this Constitution,” read the amendment. “In all circumstances, the departments of the government shall be bound to and shall not exceed or delegate, their respective duties and powers as defined in this Constitution.”
Read the full storyRep. London Lamar Files Bill To Investigate Tennesseans Participating in January 6 Events in DC and Remove Elected Officials from Office
Rep. London Lamar (D-Memphis) filed a bill for the upcoming legislative session beginning Tuesday that calls for the Tennessee Bureau of Investigation (TBI) to investigate Tennesseans suspected of participating in seditious or treasonous acts at the federal Capitol Building in Washington, D.C. on January 6, and clarifies that such acts committed by state elected officials constitutes their removal from office.
The proposed legislation was filed Friday, after Lamar took to her state representative Facebook page the day prior in a post titled “The Line Has Been Drawn” which accused President Trump and his supporters of engaging in acts of sedition and treason to promote white supremacy.
Read the full storyNashville Bar Association Petitions Tennessee Supreme Court to Require Annual Critical Race Theory Training of Tennessee Attorneys and Judges
The Nashville Bar Association (NBA) has petitioned the Tennessee Supreme Court to modify its rules to require two hours of training on an annual basis to cover the topic of critical race theory.
Critical race theory is “the view that the law and legal institutions are inherently racist and that race itself, instead of being biologically grounded and natural, is a socially constructed concept that is used by white people to further their economic and political interests at the expense of people of color,” according to Britannica.
Legislature’s Ad Hoc Committee on Emergency Powers Made Reform Recommendations That May Not Go Into Effect for Six Years
A joint Ad Hoc Committee to Study Emergency Powers in a meeting held Tuesday agreed to pass along their recommendations for reforming Tennessee law regarding the declaration of a state of emergency and powers granted to the executive branch during such emergency.
Of note is that the agreed-upon reforms are not recommended to go into effect until the current administration leaves. Additionally, the recommendations do not address the constitutionality of current state law.
Citizens Groups Hold Rallies in Franklin, Knoxville to Declare ‘We Will Not Comply’ With Mask Mandates
Grassroots movements combating Tennessee’s never-ending mask mandates are gaining steam.
Tennessee Stands held a “Mask Free Tennessee Rally” Saturday on the Public Square in Franklin. A similar rally was held Sunday in Knoxville by No Mandates Tennessee.
Tennessee Stands organizers on Saturday evening posted on their Facebook page, “So thankful to all of the patriots that showed up today for the Mask Free Tennessee Rally today in Franklin! Our voices are louder together. We will not give in to the mob. We will not relinquish our liberty. We. Will. Not. Comply.”
Read the full storyMetro Nashville’s Claim of Election Commission ‘Non-Ministerial Role’ to Keep Property Tax Referendum Off Ballot Contradicted by 2004 Tennessee Supreme Court Decision: No Legal Authority to Question Constitutionality
The 2004 Tennessee Supreme Court decision in City of Memphis v. Shelby County Election Commission that found the “Commission exceeded its authority by refusing to place Referendum Ordinance No. 5072 on the November 2, 2004, ballot based upon the State Election Coordinator’s opinion that the Ordinance is unconstitutional,” may blow a major hole in Metro Nashville Legal Director Bob Cooper’s argument made to to the Davidson County Election Commission at its September 25 meeting that “the commission’s role here is not purely ministerial,” and that a 2004 Tennessee Supreme Court decision “said that the commission can consider the form of a referendum petition and suggested that it could review the petition’s facial or procedural legality.”
Read the full storyTennessee Court of Appeals Rules Governor Lee’s ESA Program ‘Unconstitutional’
The Tennessee Court of Appeals ruled Governor Bill Lee’s educational savings account (ESA) program “unconstitutional” on Tuesday. The court’s decision upheld a lower court’s ruling on the school voucher program.
The court of appeals ruled that the unconstitutionality of the ESA program is because “is local in effect, and applicable to Davidson and Shelby counties in their governmental capacity.” This decision references article XI, section 9, paragraph 2 of the Tennessee Constitution.
UTK Law Professor Glenn Reynolds Talks to Legislative Ad Hoc Committee about Tennessee Governors’ Emergency Powers
University of Tennesse at Knoxville (UTK) Law Professor Glenn Reynolds on Thursday spoke to members of the Tennessee General Assembly about various topics, including a governor’s use of executive orders and the reasoning behind him having such power.
His appearance was before the Legislature’s Ad Hoc Committee to Study Emergency Powers.
Read the full story‘Tennessee Stands’ Files Lawsuit Claiming Statute Deeming Governor’s Executive Orders Having Full Force and Effect of Law Unconstitutional
Citizens for Limited Government and Constitutional Integrity, Inc. doing business as Tennessee Stands filed a lawsuit in Davidson County Chancery Court Monday against Governor Bill Lee on the grounds that the state statute deeming the governor’s executive orders have the full force and effect of law is unconstitutional.
Tennessee Stands founder and president Gary Humble along with Rodney Lunn, the plaintiffs in the case, reference Tennessee Code Annotated (T.C.A.) 58-2-107 which dates back to 2000.
Read the full storyRight-to-Work Constitutional Amendment Heads to Tennessee House Floor
A resolution to enshrine right-to-work protections in the Tennessee Constitution has advanced through the House committee process and is scheduled to be heard Monday on the House floor.
Tennessee already has right-to-work protections in law, which prevent a worker from being hired or fired based on choosing to join or not to join a union. Senate Joint Resolution 0648 would enshrine the protection in the constitution to make it more difficult to repeal in the future.
Read the full story‘Liberties Do Not Come From Government, But From Almighty God’ Amendment to Tennessee Constitution Fails in Senate
A proposed amendment to the Tennessee Constitution that would declare that liberties do not come from government, but from Almighty God failed in the State Senate Judiciary Committee Tuesday.
Read the full storyRepublicans in Legislature Introduce Right to Work Constitutional Amendment
Tennessee House and Senate leaders introduced a resolution Wednesday that would add Tennessee’s Right to Work law to the state constitution.
Read the full storyTennessee Attorney General: Rainy Day Fund Monies Excluded From the Copeland Cap
Tennessee’s Attorney General Herbert Slatery issued an opinion in 2018 in response to a legislator’s inquiry indicating that allocations to the reserve for revenue fluctuation account, otherwise known as the Rainy Day Fund, do not count toward the Copeland Cap. State Senator Brian Kelsey (R-Germantown) (pictured left) requested an opinion from the state’s Attorney General (pictured right) to two separate questions on the topic. Specifically, Senator Kelsey’s two questions to the Attorney General were: In determining whether “the rate of growth of appropriations from state tax revenues exceed[s] the estimated rate of growth of the state’s economy” under article II, section 24 of the Tennessee Constitution, are funds that are allocated to the “reserve for revenue fluctuation” included in “appropriations from state tax revenues”? (emphasis added) And In determining whether “the rate of growth of appropriations from state tax revenues exceed[s] the estimated rate of growth of the state’s economy” under article II, section 24 of the Tennessee Constitution, are funds previously allocated to the “reserve for revenue fluctuation” included in “appropriations from state tax revenues” in the year in which the funds are withdrawn? (emphasis added) The Attorney General opined in 18-05 that the answer to both questions…
Read the full storyShowdown in the Tennessee House GOP Caucus
The stage is set for a dramatic showdown on Monday afternoon in downtown Nashville between about a dozen Republican state legislators, led by an increasingly vocal State Rep. Mike Carter (R-Ooltewah), and Tennessee Speaker of the House Glen Casada. At issue is whether the 73 member Tennessee House Republican Caucus will undertake a secret ballot vote to issue a statement on whether they continue to maintain confidence in Glen Casada as Speaker of the Tennessee House of Representatives. The controversies surrounding the embattled Speaker have been identified and amplified by local mainstream media outlets led by NewsChannel 5 and The Tennessean. Phil Williams of NewsChannel 5 led the attacks on the Speaker with a report earlier this month that alleged (1) the Speaker’s staff altered the date of an email sent to the Speaker by social justice warrior and Vanderbilt Divinity Student Justin Jones to “frame” him for violating a court order and (2) the Speaker exchanged offensive text messages in 2016 with Cade Cothren and an unnamed former aide. Cothren, chief of staff to Speaker Casada since January of this year, admitted to sending the offensive texts in 2016, and resigned his position. Speaker Casada subsequently confirmed that…
Read the full storyNo Clear Legal Path for Forced Removal of Tennessee House Speaker Casada, Despite Partisan Drumbeat from Local Mainstream Media
Despite the controversies that have surrounded Tennessee Speaker of the House Glen Casada the last two weeks and the relentless partisan drumbeat of the local mainstream media, the legal path to force his removal as Speaker by his political opponents remains unclear. The controversies erupted a little more than two weeks ago when NewsChannel 5 interviewed Justin Jones, the 23-year-old Vanderbilt University student who had been arrested in October for refusing to leave a private Marsha Blackburn fundraiser and resisting arrest, and was subsequently arrested on February 28 when he allegedly assaulted Speaker Casada and State Rep. Debra Moody at the State Capitol. In that interview, Jones, who is represented by NewsChannel 5 legal analyst Nick Leonardo, claimed that Speaker Casada and his staff had attempted to frame him when they reported an email from him that arrived in their office email on March 1 to the Davidson County District Attorney’s office as a violation of a court order prohibiting him from contacting the Speaker or his staff. In that same report, NewsChannel 5 showed a series of text communications between Casada, his chief of staff Cade Cothren, and an unidentified former staffer that included vulgar texts that objectified…
Read the full storyDemocrats Violated the State Constitution and House Rules When They Walked out of the House Chambers
Despite media reports suggesting otherwise, when Democrats left the House floor and walked out of the chambers during session, it was they who were in violation of the Constitution of the State of Tennessee and House Rules of the 111th Tennessee General Assembly, not House Speaker Glen Casada. News Channel 5 reported, “Democratic lawmakers locked inside House chambers.” News Channel 3’s report titled “Democrat lawmakers locked in House Chamber in Nashville,” said “Democrats are calling what happened a lawless act. Republicans say it was well within the law and necessary.” Footage in the News Channel 3 report showed people crowding the House Chamber doors and the two visible Sergeants-At-Arms, who were just following the Speakers orders, backed up to the doors. The video captured Joel Ebert of The Tennessean joining in, recording with his phone and asking the Sergeant-At-Arms, “Why aren’t we allowed out? Why aren’t we allowed out of the chamber?” Also included was Democrat Caucus Chair Representative Mike Stewart of Nashville telling reporters, “The lawlessness and the culture of arrogance that we’ve seen demonstrated throughout this session in ways that have no precedence just was lifted to an entirely new level where you actually had a member, Representative…
Read the full storyCourt Panel Eliminates Tennessee Limit on Punitive Damages
A Tennessee statute capping punitive damages is unconstitutional, a panel for the U.S. Court of Appeals Sixth Circuit has ruled. The Sixth Circuit panel ruled 2-1 on Dec. 21 that state case law shows an award of punitive damages is a “finding of fact” that is allowed by jurors, Courthouse News Service reported. The case involved a dispute between Tamarin Lindenberg, individually and as guardian for her minor children, and Jackson National Life Insurance Co., which had a $350,000 life insurance policy on Lindenberg’s ex-husband. The panel’s ruling is available here. The panel cited the Tennessee Constitution of 1796 and its relation to the constitution and common laws of North Carolina when Tennessee adopted the document. The panel found that a right to jury trials and punitive damages existed at the time. The panel’s ruling states: Defendant Jackson National Life Insurance Company (“Defendant”) appeals from the district court’s judgment enforcing a jury trial verdict of $350,000 in actual damages, $87,500 in bad faith damages, and $3,000,000 in punitive damages in favor of Plaintiff Tamarin Lindenberg (“Plaintiff”), individually and in her capacity as natural guardian of her minor children, ZTL and SML. Plaintiff cross-appeals, challenging a statutory cap that the district…
Read the full storyKnoxville Appeals Court Rules $250 ‘DUI Fee’ Unconstitutional
The Criminal Court of Appeals in Knoxville ruled Tuesday that Tennessee’s state law requiring every person convicted of a DUI via blood or breath tests pay a $250 fee to the Tennessee Bureau of Investigation is unconstitutional. According to the 28-page decision, the fee violates due process and puts into question the integrity of the TBI forensic department’s test results, which receives the monies into its ‘Intoxicant Testing Fund.’ The fee system, the ruling says, creates a monetary incentive for forensic scientists through continued employment, salaries, equipment and training. In addition to the named defendant, Rosemary L. Decosimo, some 20 individuals joined the case, all of whom were charged with DUIs after they provided blood or breath samples, and each would have been subject to paying the $250 fee if convicted. “While we acknowledge that TBI forensic scientists could lose their jobs if they falsify test results and these falsifications are discovered, we also recognize that forensic scientists would most certainly lose their jobs if funding for their positions disappears, a result of which these forensic scientists are no doubt well aware,” the opinion states. Initially, in 2005, the “DUI fee” was set at $100, but in 2010, the fee was raised to…
Read the full storyMae Beavers and Diane Black Praise 6th Circuit Court Decision Upholding Right to Life ‘Amendment One’: Abortion is Not a ‘Right’ in Tennessee
The 6th Circuit Court of Appeals issued a ruling on Tuesday upholding the choice of Tennessee voters on Amendment 1 in 2014. Amendment 1, which was placed on the statewide ballot that year by the Tennessee General Assembly as a legislatively referred constitutional amendment, passed with 53 percent of the vote, and amended the Tennessee Constitution to read, in part: Nothing in this Constitution secures or protects a right to abortion. “The Tennessee Legislative Powers Regarding Abortion, Amendment 1 was on the November 4, 2014 ballot in the state of Tennessee as a legislatively referred constitutional amendment, where it was approved,” Ballotpedia reported: The measure added language to the Tennessee Constitution empowering the legislature to enact, amend or repeal state statutes regarding abortion, including for pregnancies resulting from rape or incest or when necessary to protect the mother’s life. Amendment 1 was placed on the ballot by the Tennessee General Assembly in two separate votes. It was sponsored by U.S. Rep. Diane Black (R-6), who was a state senator at the time of introduction, and State Sen. Mae Beavers (R-17) as Senate Joint Resolution 127. . . The Tennessee General Assembly was required to approve the amendment in two successive sessions. In the first…
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