Shelby County filed suit yesterday against Gov. Bill Lee for his executive order allowing parents to opt their children out of mask mandates at K-12 schools, the Daily Memphian reports. The federal suit, filed in U.S. Division for Western District of Tennessee, says Executive Order 84 should be revoked under U.S. Constitution protections under the 14th Amendment. It argues that children who are not eligible for the vaccine have no protection against exposure to students infected with COVID-19, “potentially causing them to suffer fear, uncertainty and possibly even death.” The suit also says the executive order “violates the decencies of civilized conduct” in an action that “shocks the conscience.” Shelby County is represented by attorneys from Burch, Porter and Johnson in Memphis.

On Monday, the 6th U.S. Circuit Court of Appeals upheld a federal judge’s refusal to block a mask mandate in a challenge brought by a Catholic elementary school in Lansing, Michigan.

Davidson County Circuit Court Judge Hamilton Gayden confirmed this week that he will not seek reelection in 2022. Gayden was appointed in 1974 by then-Gov. Winfield Dunn and has served 47 years on the bench — the longest judicial tenure in the state. "It's been an honor and a privilege to serve the citizens of Davidson County,” Gayden said in a statement. “I will miss being on the bench but at 82 years old, it is time to hand the gavel over to a younger judge." 

Lincoln Memorial University Duncan School of Law welcomed 127 new law students earlier this month for orientation and the first day of class. The incoming class of 1Ls hail from 28 states, come from 64 colleges and universities and are 54% female and 46% male. “This is the largest, strongest-credentialed, and most geographically diverse class in the history of LMU Law,” Vice President and Dean Matt Lyon said. “Moreover, the vast majority of our 1Ls do still come from Appalachia or other underserved communities from around the country. We are working hard to meet our mission by training a new generation of service-oriented lawyers and community leaders.” The newest class puts LMU enrollment at an all-time high with 328 total students. Read more from the law school. 

Try TBA CLE’s Mastering the Art of Depositions and E-Discovery for a crash course in understanding and conquering depositions and e-discovery. With this one-click package, viewers will learn about deposition prep and strategy, the do's and don’ts of depositions and written discovery and a panel discussion about e-discovery law and technology. Use the prepaid CLE credits that come with your TBA Complete Membership. Not a TBA member? Join now to start saving.

Eight lawyers have recently been reinstated after being suspended for failure to complete required CLE hours and other administrative violations. See the full list of those suspended and reinstated in 2021 for 2020 violations. The TBA also has records of all administrative suspensions and reinstatements going back to 2005. See all lists here.

Tennessee Attorney General Herbert Slatery today signed his name to a letter calling for the administration of President Joe Biden to uphold a federal immigration statute that prohibits those who were previously deported from reentering the U.S. Slatery joined with 20 attorneys general, asking U.S. Attorney General Merrick Garland for written assurances by Sept. 17 that the U.S. Department of Justice will defend 8 U.S.C. § 1326. The letter cites “recent patterns” of the Biden Administration “circumventing the legislative process by not defending the law.” Read more from the AG’s office.

The U.S. Supreme Court yesterday ruled to remove the eviction moratorium put in place by the Centers for Disease Control and Prevention (CDC), the Associated Press reports. The temporary ban had first been ordered under the presidency of Donald Trump and was reimposed by the CDC earlier this month. Attorneys for the Biden administration argued that the rise in COVID-19 variants warranted the continuance of the ban in areas with high transmission rates. However, the Supreme Court ultimately ruled that the CDC under federal law has no authority to impose the moratorium and that it would need to be “specifically” authorized by Congress.

Shelby County General Sessions Civil Court has suspended all in-person court hearings through the end of the month because of possible COVID-19 exposure, WREG Memphis reports. All six divisions of the court closed yesterday and will reopen Sept. 1. Aside from the hearings, the court is fully operational. To reach someone at the court for general information, call 901-222-3400. For court support, call 901-222-3416.

The Tennessee Supreme Court today issued an order encouraging the use of masks in the courtroom and prompting courts to utilize available technology to avoid in-person court proceedings when possible. The order also states that judges should not allow anyone who has tested positive for the COVID-19 virus to appear in court. Supreme Court Justice Sharon Lee issued a separate concurring/dissenting order in which she expressed her agreement with today’s order, “except for the section that strongly encourages, but does not require, facial coverings in courtrooms.” The order comes after a resurgence of the COVID-19 virus in Tennessee and its “burden on the health care system.”

Washington County, Arkansas, officials said yesterday at a finance and budget committee meeting that inmates at the county jail have been treated for COVID-19 with ivermectin, an anti-parasite drug commonly used for livestock. The discovery was made after a county employee tested positive for the virus and later received a prescription for ivermectin. “The employee had the good fortune of having a primary care physician to ask for a second opinion and our inmates do not have the choice,” said Eva Madison, Washington County Justice of the Peace. The county sheriff defended the jail’s health care partner at the meeting.  “Whatever a doctor prescribes, that is not in my bailiwick. I haven’t been to medical school,” he said. The American Civil Liberties Union (ACLU) later released a statement condemning “medical experimentation” on anyone, including inmates and said it had requested records from the sheriff’s office and its health care partner, Karas Correctional Medical. WKRN has the full story.