Tennesseans may have a harder time challenging laws they believe are unconstitutional under a measure that’s now before the governor.
HB 1791/SB 1731 passed the statehouse despite bipartisan pushback and now heads to Gov. Bill Lee’s desk for his signature. If approved, the new law would make it harder for citizens to temporarily stop the enforcement of a law while their legal challenge makes its way through the courts.
Civil rights attorney Stella Yarbrough has represented plaintiffs in several challenges to state laws. Usually, her priority is securing an injunction for her clients, which temporarily blocks the state statute. Under this measure, if a judge grants one, the Tennessee Attorney General’s office can immediately appeal, keeping the law in place.
“In cases involving civil rights, so often it’s a game of inches,” Yarbrough said. “Even if it’s in place for a day or a week, particularly when it comes to highly sensitive issues, that can really matter to plaintiffs to whose rights are on the line.”
Attorney General Jonathan Skrmetti’s office crafted the legislation. Testifying before state committees, proponents have said that the legislation will save taxpayer money, although the state’s fiscal note does not list any savings.
Under the bill, the AG’s office can immediately appeal from lower courts — where judges are typically elected by the people — to appeals courts where judges are usually political appointees. On the Senate floor, the bill’s sponsor, Sen. John Stevens, R-Huntingdon, said that the goal is to have a higher court ruling sooner.
“We don’t want it lingering. These are questions potentially that impact millions of Tennesseans, and it needs to be heard quickly,” Stevens said.
Sen. Jeff Yarbro, D-Nashville, opposed the legislation, arguing that allowing the AG’s office to immediately appeal would drag out a case and rack up fees for citizens going to court at their own expense.
“If your license gets revoked — whether it be your liquor license, your commercial driver’s license, your license to practice medicine — you ought to be able to challenge that, and the state shouldn’t be able to inject an additional 18 months and nearly $100,000 into your ability to go seek your rights,” Yarbro said.
The AG’s office has also tried to bring a bill that would walk back citizens’ rights to sue the state. That worries John Harris, attorney and Executive Director of the Tennessee Firearms Association.
“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 said.
The measure still needs the governor’s signature to become law.
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