Tennesseans will soon be limited in their ability to sue over state laws. The statehouse narrowly voted to limit one of the only paths residents have to challenge policies they believe are unconstitutional.
HB 1971/SB 1958 reverses a 2018 law that allowed people to challenge laws before they’re harmed by them. Now, plaintiffs will have to prove that they’ve already suffered some injury to sue.
The Tennessee Attorney General’s Office proposed the measure to cut down on the time and resources it spends defending state laws in court. Some of those measures have been upheld, like the U.S. Supreme Court case that ruled in favor of Tennessee’s ban on gender-affirming care for transgender youth. Others, like bills preempting local control in Nashville, have been largely stuck down by the courts.
The attorney general has a unit devoted to these defenses. While it’s hard to track how much taxpayer money goes toward defending state laws, the past seven years have seen the office’s caseload decrease by half while it’s budget has doubled. The state’s fiscal note doesn’t list any savings.
Sen. John Stevens, R-Huntington, argued on the Senate floor that the current system gives the courts too much legislative power.
“The people will not accept being ruled by the judiciary. Our system works because the people have a say in the laws that govern their lives,” Steven said.
Stevens has said the law will cut down on lawsuits from left-wing groups.
The measure has seen bipartisan pushback with conservative groups like Americans for Prosperity Tennessee and the Beacon Center opposing its passage. John Harris, an attorney and Executive Director of the Tennessee Firearms Association, told members to contact their representatives and urge them to vote against the measure.
“These (bills) don’t necessarily even target a particular political philosophy or interest group. They’re like broad spectrum herbicide; they’re just killing everybody’s right to question whether the government has violated the limits on its authority,” Harris told WPLN News.
Sen. Raumesh Akbari, D-Memphis, argued that the legislature should want residents to be able to bring their grievances to the courts.
“There is a reason why we three branches of government. It is because we have to have checks and balances on our system,” Akbari said.
The measure ultimately passed 18-13 in the Senate on Thursday, having already passed the House by similar margins.
Another measure brought by the AG allows his office to immediately appeal or dismiss lawsuits brought by residents. Critics, like Harris, argue that it will drag out court cases, racking up fees for people who don’t have taxpayer money to fall back on. That measure already has Gov. Bill Lee’s signature.
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