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Posted by: Stacey Shrader Joslin on Jan 16, 2025

The Tennessee Supreme Court has addressed allegations from the U.S. Department of Justice (DOJ) that the Tennessee Board of Law Examiners (TBLE) and the Tennessee Lawyers Assistance Program (TLAP) violated the Americans with Disability Act by discriminating against two bar applicants “due to a substance use disorder or mental health disorder.” In a news release, the court says it “strongly disagrees” with the assertion that either agency discriminated against applicants based on health status or disability. “Both TBLE and TLAP follow well-established administrative processes that are designed to avoid discrimination against any applicant.” The statement continues that the court, TBLE and TLAP “have been and remain committed to treating persons with disabilities, including bar applicants with disabilities, with dignity and respect, and in compliance with all legal rights afforded to such applicants.” Read the full statement.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

The Tennessee House of Representatives today adopted new rules governing operations of the chamber. The Tennessean reports that key changes include authority for the speaker to ban disruptive spectators from the gallery for up to two years, removal of members from the chamber for repeated violations of the rules, a new remote voting option for members who have been removed and a limit of 12 on the number of bills each rank and file member may introduce. In the next General Assembly, that number would drop to 10 bills each. For this session, leaders and committee chairs will be able to introduce 15 bills each. According to the paper, all House Democratic members and one Republican member voted against the package.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

The U.S. Department of Justice (DOJ) has filed a lawsuit against Fayette County, alleging that the Board of County Commissioners violated the Voting Rights Act when it adopted its 2021 redistricting plan. According to a news release from the agency, the new plan allegedly denied the city’s Black voters an equal opportunity to elect candidates of their choice. The suit, which was filed in the U.S. District Court for the Western District of Tennessee, argues that commissioners “deliberately rejected multiple districting plans that would have combined Black communities in districts that would allow Black voters to elect representatives of their choice.” According to Tennessee Lookout, Fayette County Mayor Rhea “Skip” Taylor confirmed the county is reviewing the lawsuit, but declined further comment.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

The Tennessee Supreme Court has transferred the law license of Shelby County lawyer Michael Joseph Parks to disability inactive status. Parks may not practice law while on inactive status but may petition for reinstatement by showing that his disability has been removed.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

The U.S. 6th Circuit Court of Appeals panel recently heard arguments on whether the state’s voter registration policies disenfranchised some 500,000 residents with felony convictions. The Nashville Banner reports that the case stems from a 2020 class action lawsuit filed by the Tennessee State Conference of the NAACP, which claims that the policies violate the National Voter Registration Act by being overly complex and inequitable. A federal judge had temporarily blocked the rules in April, but the state successfully appealed to maintain them during litigation. At the hearing, the state's attorney argued that the NAACP lacked legal standing to challenge the rules, while the NAACP contended that the state's actions hinder voter registration efforts.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

A federal judge has upheld a court-imposed gag order against Nashville lawyer Daniel Horwitz. The Tennessean reports that Senior Judge Julia Smith Gibbons of the U.S. 6th Circuit Court of Appeals, who was assigned to hear the case for the U.S. District Court for the Middle District of Tennessee, dismissed a lawsuit brought by Horwitz and the nonprofit public interest law firm Institute for Justice. After the ruling Horwitz pledged to “continue to fight” for the right to speak out. The gag order, imposed by U.S. Magistrate Judge Jeffery Frensley, prevents Horwitz from speaking publicly about a case he brought against private prison operator CoreCivic.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

Tenneesse’s Republican-led legislature reappointed all of the state’s constitutional officers on Wednesday, giving Secretary of State Tre Hargett, Comptroller of the Treasury Jason Mumpower and Treasurer David Lillard Jr. new terms. Hargett was first elected in 2009 and will serve another four-year term. Mumpower, who has been in office since 2021, and Lillard, who has been in office since 2009, were elected to new two-year terms. The Nashville Banner reported the votes in its newsletter today.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

The U.S. Supreme Court has turned down former state senator Brian Kelsey’s plea to consider his conviction and sentencing for campaign fraud. Action News 5 reports that the court denied certiorari in the case on Monday without providing an explanation. In 2022, Kelsey pleaded guilty to violating campaign finance laws and conspiring to defraud the Federal Election Commission to benefit his 2016 campaign for U.S. Congress. He later tried to withdraw his guilty plea, arguing that federal prosecutors violated his plea agreement. That request was denied, and he was sentenced to 21 months in prison. Kelsey then petitioned the 6th U.S. Circuit Court of Appeals, which upheld the lower court’s actions. That decision was then appealed to the Supreme Court.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

Chattanooga city and Hamilton County officials are pushing the federal government to consider the TVA downtown office complex for the site of a new federal courthouse. Arguments for that location include urban revitalization and expanded economic growth for the downtown area, according to Here Chattanooga. According to the Chattanooga Times Free Press, however, federal planners have identified a four-acre block on Vine Street as the most advantageous location for the new courthouse. Read more in a news release from the General Services Administration. A $218 million budget has been approved for acquisition, design and construction of a new federal courthouse to replace the nearly 100-year old Joel W. Solomon Federal Building.

Posted by: Stacey Shrader Joslin on Jan 16, 2025

A group of 75 Tennessee House members is pushing the NCAA to change its rules following a recent ruling that struck down Title IX rules proposed by President Joe Biden’s administration. In a letter, the Republican members call on the sports organization to “protect the integrity of women’s sports by immediately reversing its controversial decision to allow male athletes to compete as females.” The request comes a week after a ruling from the U.S. District Court of the Eastern District of Kentucky against rules from the U.S. Department of Education that would have expanded protections in Title IX to LGBTQ+ students. WSMV has more on the story.


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