TBA Law Blog


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Posted by: Azya Thornton on Feb 10, 2025
News Type: Legal News

A third federal judge said today he would block President Donald Trump’s effort to curtail automatic birthright citizenship for babies born to undocumented parents. According to Reuters, U.S. District Court Judge Joseph Laplante in New Hampshire  issued a preliminary injunction preventing the executive order from taking effect. The move comes after federal judges in Maryland and Washington state issued separate injunctions last week blocking the order's enforcement nationwide. A lawyer for the ACLU, which brought the case, argued the order violated the 14th Amendment's citizenship clause and a 1898 U.S. Supreme Court ruling that recognized citizenship regardless of parents' immigration status. A U.S. Justice Department attorney contended that the plaintiffs were relying on non-binding parts of the ruling, which only guaranteed citizenship for children of parents who permanently resided in the country.

Posted by: Azya Thornton on Feb 10, 2025
News Type: Legal News

Gov. Bill Lee will deliver his annual State of the State address this evening before the Tennessee General Assembly, discussing the state’s past successes and future challenges, WBIR News reports. He will speak from the House Chamber, and the address will be streamed live on his official Facebook page and YouTube channel. The speech is scheduled to begin at 6 p.m. CST. In advance of the speech, the governor outlined his themes in a release and accompanying video.

Posted by: Azya Thornton on Feb 10, 2025
News Type: Legal News

U.S. law firms saw an 11.5% increase in profits in the fourth quarter of 2024 compared with the previous year, reaching near-record highs, according to Reuters. The report found that while law firm services grew more than 3% in the quarter, demand slowed, lawyer productivity declined by 0.4% and both direct and overhead expenses increased due to year-end bonuses and significant technology investments. The Thomson Reuters Institute, which tracks financial metrics from 195 large and mid-sized law firms, suggested firms may face more challenges in 2025 as transactional growth may not offset declining demand in counter-cyclical and other practices.

Posted by: Stacey Shrader Joslin on Feb 10, 2025
News Type: Legal News

TBA member and Tennessee licensed-attorney Thomas West is suing the state of Tennessee over the professional privilege tax. West, who resides in Kansas, argues that the tax should be declared unconstitutional facially, or at least a violation of the Interstate Commerce Clause when applied to attorneys living outside the state. The tax, a flat $400, applies the same to attorneys regardless of where they live. But, he argues, attorneys outside the state will not have nearly as much Tennessee business and therefore the authorization to practice law in the state is not as valuable. He cites Amer. Trucking Assns. v. Scheiner, 483 U.S. 266, 296 (1987), in which the U.S. Supreme Court found that “… imposition of the flat taxes for a privilege that is several times more valuable to a local business than to its out-of-state competitors is unquestionably discriminatory, and thus offends the Commerce Clause … If each State imposed flat taxes for the privilege of making commercial entrances into its territory, there is no conceivable doubt that commerce among the States would be deterred.” West filed his suit with a three-judge panel constituted to hear challenges to state laws. That panel ruled on Feb. 4 that the tax is constitutional. Read the decision. He now has appealed to the Tennessee Court of Appeals and filed a motion with the Tennessee Supreme Court, asking it to assume jurisdiction.

Posted by: Azya Thornton on Feb 7, 2025
News Type: Legal News

On Jan. 28, the Tennessee Court of Criminal Appeals held oral arguments for its Knoxville docket at the University of Tennessee College of Law (UT Law). Sitting for the court were Judges Robert H. Montgomery, Tom Greenholtz and Kyle A. Hixson, all UT Law alumni. Rodd Barckhoff, interim director for the Center for Advocacy and Dispute Resolution and a retired Tennessee Supreme Court staff attorney, hosted the event, which was attended by more than 100 students. At the conclusion of the session, the students, panel members and attorneys for the parties participated in a question-and-answer session regarding appellate advocacy. Read more in a press release from the Administrative Office of the Courts.

Posted by: Azya Thornton on Feb 7, 2025
News Type: Legal News

The Justice Department (DOJ) has informed the U.S. Supreme Court that it is withdrawing its opposition to Tennessee’s law banning puberty blockers and hormone therapy for minors, reversing the Biden administration’s previous stance that such bans discriminate against transgender individuals, the Tennessean reports. The justices heard arguments in December on the DOJ’s challenge to Tennessee’s law but have not yet issued a ruling. Under the Biden administration, the department argued that the law was discriminatory because it allows a teenager assigned male at birth to receive testosterone for delayed puberty while banning the same treatment for transgender youth. Tennessee Attorney General Jonathan Skrmetti previously defended the law in a response brief to the U.S. Supreme Court, arguing that the state has the authority to regulate gender transition procedures for minors. A decision in the case, United States v. Skrmetti, is expected by summer.

Posted by: Azya Thornton on Feb 7, 2025
News Type: Legal News

Nashville residents gathered this week before the Metro Council to share their priorities for the city budget during the annual pre-budget comment period, WPLN News reports. The session allows the public to put requests on record before Mayor Freddie O’Connell submits his budget proposal. The council will consider these requests when crafting a potential alternative ahead of the official budget hearing in June. This year’s requests included funding for gun violence prevention, transit access, affordable housing, youth sports, the arts and court-appointed attorneys. The mayor is required to file his budget by the end of April.

Posted by: Azya Thornton on Feb 7, 2025
News Type: Legal News

President Donald Trump on Wednesday signed an executive order aimed at banning transgender women from participating in women’s sports, AP News reports. The order, titled "Keeping Men Out of Women’s Sports," directs federal agencies to enforce Title IX in alignment with the Trump administration’s interpretation, which defines “sex” as the gender assigned at birth. Tennessee Gov. Bill Lee and Sen. Marsha Blackburn attended the signing ceremony, expressing support for the administration’s efforts to “protect women’s sports.” The event coincided with National Girls and Women in Sports Day. Last year, Tennessee joined a multi-state lawsuit challenging a federal court ruling that allowed individuals to compete in sports aligning with their gender identity after the Biden administration had sought to expand the law’s prohibition of sex discrimination in education programs to LGBTQ+ students. In January, the U.S. District Court for the Eastern District of Kentucky ruled that the U.S. Department of Education exceeded its constitutional authority when it modified Title IX protections under the Education Amendments of 1972. 

Posted by: Azya Thornton on Feb 7, 2025
News Type: Legal News

Students in 17 East Tennessee counties are invited to participate in the annual Civics Essay Contest, sponsored by the U.S. District Court for the Eastern District of Tennessee, Chattanooga Division, and the Chattanooga Chapter of the Federal Bar Association, the Chattanoogan reports. This year’s prompt asks: When is a police officer’s use of deadly force reasonable? Students are encouraged to share their views on what factors a court should consider in determining whether an officer’s use of force was reasonable or excessive. The contest is open to public, private and homeschool students in grades 8-12 in Bedford, Bledsoe, Bradley, Coffee, Franklin, Grundy, Hamilton, Lincoln, McMinn, Marion, Meigs, Moore, Polk, Rhea, Sequatchie, Warren and Van Buren counties. Full essay prompt, requirements and additional materials are available on the court’s website. Contact Kelly L. Walsh at 423-386-3523 or via email to chattcivicsessay@gmail.com with questions.

Posted by: Stacey Shrader Joslin on Feb 6, 2025
News Type: Legal News

The family of Matthew Vogel is suing over his death at the South Central Correctional Facility in Clifton. Vogel, who had been sent back to jail for violating parole on a drug charge, had one day left in his sentence, the Tennessean reports. The family alleges that Vogel was inappropriately placed in a cell with Travis Bess, who had been convicted on two counts of first-degree murder in 2022 and of killing another man behind bars in 2014. Vogel was classified as a minimum security risk while Bess was classified to "close" security, two steps above "minimum" and one below "maximum" security. The wrongful death suit alleges that facility operator CoreCivic lacked justification to reduce the score and did so to "expend fewer resources due to chronic understaffing."


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