A constitutional showdown over the U.S. government’s warrantless surveillance program may be headed back to the Supreme Court, the Tennessean predicts. For the first time, the Department of Justice (DOJ) notified a criminal defendant that terrorism-related charges against him stemmed from the Foreign Intelligence Surveillance Act. The case of Jamshid Muhtorov, a refugee from Uzbekistan living in Colorado, now appears destined to become the test for whether the program can pass constitutional muster. The DOJ maintains the previously secret program does not violate the Fourth Amendment’s protection against illegal searches because it picks up U.S.-based individuals only while targeting those overseas.

According to a new report, the cost of judicial campaigns has soared in recent years. Since 2000, “The New Politics of Judicial Elections” series has tracked the increased politicization and escalating spending in state judicial campaigns, as well as the growing role of special interest money. The 2011-2012 report analyzes the prominent role of special interest money in state Supreme Court elections specifically and documents how the “boundaries that keep money and political pressure from interfering with the rule of law have become increasingly blurred.”

Murfreesboro City Councilman Toby Gilley announced today that he will seek the Republican Party’s nomination for General Sessions Judge, Part III, during the May 2014 Rutherford County primary. In another announcement today, attorney Howard Wilson said he will seek the Republican Party’s nomination for Chancery Court Judge in Tennessee's 16th Judicial District. The 16th judicial district encompasses both Rutherford and Cannon Counties.

Chattanooga pastor Ben Haden died yesterday morning (Oct. 24). He was 88. Before being called to the ministry, Haden earned degrees from Washington and Lee University and the University of Texas at Austin. He had been in the newspaper business in Kingsport, earned his law degree, and served for a time in the CIA. He served as pastor of First Presbyterian Church for 31 years, during which time his television program "Changed Lives" was syndicated to radio and TV stations nationwide. Funeral services will be held at First Presbyterian Church on McCallie Ave Tuesday at 11 a.m., the Chattanoogan reports. The family will receive friends after the service.

Tennessee plans to execute two inmates in 2014 — Billy Ray Irick and Nickolus Johnson are scheduled to be executed by lethal injection on Jan. 15 and April 22, respectively. The two execution dates come after Tennessee corrections officials decided on a new drug to use in lethal injections after the state’s supply of sodium thiopental — a key drug previously used for lethal injections — was seized in 2011 by federal authorities investigating whether the drugs were illegally imported. The Tennessean has the story.

A Tennessean editorial today is critical of the gag order imposed in the sexual assault case against former Vanderbilt University football players, arguing that it limits the right to free speech as entitled by the First Amendment. The editorial disagrees with an opinion piece the newspaper published earlier this week by District Attorney Torry Johnson and attorney David Raybin,  who wrote that the gag order is necessary in this case to protect the defendants’ right to a fair trial.

During a speech at the Equal Justice Works annual conference, Attorney General Eric Holder opened up about his career, controversial decisions such as the challenge over voter identification initiatives and the legacy he hopes to leave at the U.S. Department of Justice. Judge Ann Williams of the U.S. Court of Appeals for the Seventh Circuit conducted a wide-ranging interview of the attorney general, who said he wants to be remembered for leading a department that was “prepared to take some heat for doing that which was right.” The Blog of the Legal Times has more.

Initial work to reduce overcrowding at the Loudon County Justice Center is nearly complete, the  News Herald. Moseley Architects says it is finishing a feasibility study evaluating jail needs. The jail has seen an average inmate population growth of 10.2 percent since 2010, which is "slightly higher" than residential population growth. As part of its initial report to Loudon County Sheriff's Office, Moseley recommended 85,756 square feet of jail space for about 280 inmate beds to meet immediate needs, and expansion capacity for up to 400 beds. The report said that an additional 21,294 square feet of space would be required for other offices, including court services, patrol, records and criminal investigations.

Attorney General Robert Cooper issued an opinion today regarding virtual public schools. According to the opinion, local education agencies are required to ensure that virtual schools have a physical administrative office in Tennessee, do not exceed 1,500 students and that all teachers are qualified to teach in Tennessee. Cooper also said that Commissioner of Education Kevin Huffman has the authority to recognize and approve a virtual school established in accordance with the Virtual Public Schools Act.

Legal Aid of East Tennessee (LAET) will offer two free CLE programs next week at its Chattanooga office. LAET will present a one-hour CLE on the Affordable Care Act Tuesday at 2 p.m. The three-hour CLE program “Top 10 Chancery Practice Principles” will be held Wednesday at 1 p.m.