The U.S. Supreme Court ruled along ideological lines Friday to curtail judges’ ability to issue nationwide injunctions, The Hill reports. The ruling allows the Trump administration to partially enforce the president’s executive order limiting the U.S. Constitution’s “birthright citizenship” provision to children with at least one parent with permanent legal status. “These injunctions — known as ‘universal injunctions’ — likely exceed the equitable authority that Congress has granted to federal courts,” Justice Amy Coney Barrett wrote for the majority. The decision narrows the lower court rulings blocking enforcement of the order to the 22 states, expectant mothers and immigration organizations that challenged the order. It does not resolve the underlying issue of whether restrictions on birthright citizenship are constitutional. Three justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — dissented, arguing that “No right is safe in the new legal regime the Court creates.” According to The Hill, the administration may resume developing guidance to implement the order, though it must wait 30 days before attempting to deny citizenship to anyone.

Attorneys for Byron Black, a man on Tennessee’s death row, are asking the Tennessee Supreme Court to order a lower court to consider whether he is mentally competent to be executed. Black was sentenced to death in Nashville in 1989 for the murders of his girlfriend and her daughters. He is scheduled to be executed on Aug. 5. In court filings, Black’s attorneys have said he has an intellectual disability, progressive dementia and brain damage, which leave him incapable of grasping why he is being put to death. They argue that the trial court and Court of Criminal Appeals erred when they declined to consider competency. Nashville Public Radio has more on the story. In 2022, Nashville District Attorney Glenn Funk agreed that Black should be removed from death row.

The U.S. Senate Judiciary Committee voted along party lines to advance to the full Senate President Trump's nomination of Whitney Hermandorfer to the 6th Circuit Court of Appeals. During the committee hearing earlier this month, Hermandorfer faced questions about her experience and the president’s interpretation of the birthright citizenship issue but won praise from Tennessee's congressional delegation and state Attorney General Jonathan Skrmetti. Most recently serving as director of the Strategic Litigation Unit in Skrmetti’s office, Hermandorfer would replace Judge Jane Branstetter Stranch if confirmed. The committee also approved four other trial court nominees today, the first of Trump’s second term. Reuters has more on the action.

On June 25, Davidson County lawyer Robert Greene received a public censure from the Tennessee Supreme Court. While representing clients in defense of a lawsuit, Greene made an error in calendaring the trial date, which led him and his clients to not appear for trial and the court to enter a default judgment. The Supreme Court found that Greene was not forthright in subsequent communications with the clients about the trial date was missed. He then filed a motion to set aside the default judgment. The court found that the motion was frivolous as it was untimely filed and did not recite any legal authorities to support tolling of the statutory deadline. In an affidavit, Greene falsely claimed that the trial date was missed due to confusion with opposing counsel. He later filed a motion to withdraw that falsely claimed the clients had failed to provide certain documentation. He then paid a significant portion of the judgment out of personal funds, without prior notice or consent from his clients. These actions were determined to violate Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.8(e), 1.16(d), 3.1, 3.3(a)(1) and 8.4.

On June 26, the Tennessee Supreme Court suspended Samuel Ervin White from the practice of law for five years, with two years to be served on active suspension and the remainder on probation. The court also ordered White to pay restitution to clients and engage a practice monitor. Complaints against White alleged that he failed to reasonably communicate with his clients, act in a diligent manner, expedite client litigation, timely respond to discovery requests and withdraw from representation following suspension. He also was accused of charging non-refundable fees, comingling client assets and misappropriating client funds. He agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.2, 3.4(c), 4.1 and 8.4(a)(d).

The U.S. Senate parliamentarian has rejected several provisions in the tax and spending package recently passed by the U.S. House of Representatives, finding that the language violates the Byrd Rule, which prohibits non-budgetary provisions in reconciliation bills. Among the provisions flagged was one some believe could weaken the power of U.S. judges to enforce contempt when the government defies court orders. Other provisions targeted include language giving states authority to conduct border security and immigration enforcement and barring noncitizens or permanent residents from receiving federal nutrition benefits. Republican leadership may choose to strip these or others from the bill. If left in, any senator may object to their inclusion on the Senate floor. Overcoming such a challenge would take a three-fifths vote of the body, or 60 votes. By contrast, the parliamentarian ruled that a provision prohibiting states from regulating artificial intelligence (AI) did pass muster. Sen. Marsha Blackburn, Tennessee’s senior senator, has been working to remove that language from the bill, The Tennessee Journal reports. Learn more about all elements of the parliamentarian’s ruling from The Hill and about the Byrd Rule from the Center on Budget and Policy Priorities.

The next free advice clinic for Black-owned small businesses and nonprofits is set for July 17 in Nashville.  The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Prospective clients should register by July 14. Attorneys should email vlpa@abcnashville.org to volunteer.

The TBA Law Office Technology & Management Section is presenting four webcasts in July. On July 8, catch “60 Legal Tech Tips, Tricks, Gadgets and Websites in 60 Minutes, which will focus on the latest developments in legal technology. On July 9, tune in for “AI in Law: Use Cases,” which will explore 30 impactful use cases of generative AI for lawyers, including in the areas of legal research, document drafting and practice management. On July 10, join colleagues for “The Evolving Ethics of Law Firm Cybersecurity: Practical and Budget-Friendly Tips.” This program will focus on affordable cybersecurity measures that should be considered to protect confidential data. And on July 11, wrap up with “Our Era of AI: Responsible AI & Microsoft Copilot,” which will look at how Microsoft embraces Responsible AI in its development of AI solutions and how the company’s legal department uses Copilot to achieve more.

The U.S. Supreme Court on Monday allowed the Trump administration to move forward with plans to deport immigrants to countries not specifically identified in their removal orders while the government appeals a lower court’s order. According to SCOTUSblog, the justices paused a ruling by Massachusetts-based Judge Brian Murphy, which had required the administration to engage in a process designed to address “reasonable fear” of being tortured. Justice Sonia Sotomayor dissented in a lengthy opinion joined by Justices Elena Kagan and Ketanji Brown Jackson. The dispute stems from guidance issued by the Department of Homeland Security (DHS) earlier this year, which instructed agents to take “all appropriate actions” to remove noncitizens still in the United States despite an order for deportation. Four undocumented immigrants with deportation orders sued over the policy.

RONALD LEE GILMAN, Circuit Judge. Randy Wiertella died in the Lake County Adult Detention Facility (the Jail) on the morning of December 10, 2018. Dennis Wiertella, as the Administrator of the Estate of Randy Wiertella (the Estate), filed suit on behalf of the Estate. The Estate brought several claims, including a 42 U.S.C. § 1983 claim that Wiertella’s constitutional rights under the Eighth and Fourteenth Amendments were violated by Jail staff Diane Snow, RN, and Christina Watson, LPN. Snow and Watson filed a motion for summary judgment, seeking dismissal on the basis of qualified immunity. The district court denied their motion. For the reasons set forth below, we AFFIRM the decision of the district court and REMAND the case for further proceedings on the Estate’s § 1983 claim.