TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 14, 2023
News Type: Legal News

Tennessee Attorney General Jonathan Skrmetti announced today that a federal judge has granted an injunction against an Environmental Protection Agency (EPA) rule that would have classified nearly every body of water as part of the waters of the United States. Skrmetti had joined a coalition of state attorneys general in requesting the injunction.

Posted by: Paul Burch on Apr 13, 2023

The Tennessee Firearms Association criticized Gov. Bill Lee’s recent call for passing a red flag law on firearms as unconstitutional, Tennessee Lookout reports. “Governor Lee called for the Legislature to react to the emotional response of some citizens after the Covenant murders and more particularly after the expulsion of two Democrat House members who demanded gun control,” said Executive Director John Harris in a statement. Lee earlier this week signed an executive order proposing new guidelines for firearms purchases as well as a state study into how law enforcement agencies share information. Senate Majority Leader Jack Johnson said that even though Lee had asked legislators to vote on a “red flag” bill, no such bill is being considered.

Posted by: Paul Burch on Apr 13, 2023

The Biden administration is seeking an emergency intervention from the Supreme Court to allow access to the abortion pill mifepristone through mail order and without first seeing a physician, the Tennessean reports. Last week, U.S. District Judge Matthew Kacsmaryk issued a ruling invalidating the Food and Drug Administration’s 2000 approval of the pill citing insufficient research. On Monday, the Court of Appeals for the 5th Circuit issued an emergency stay of Kacsmaryk’s ruling, reinstating the pill’s approval but limiting usage from 10 weeks to seven weeks while ruling against distribution by mail. “The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal," said Attorney General Merrick Garland. “We will be seeking emergency relief from the Supreme Court to defend the FDA's scientific judgment and protect Americans’ access to safe and effective reproductive care."

Posted by: Paul Burch on Apr 13, 2023
News Type: Legal News

A list of those who passed the February 2023 Tennessee bar exam is now available. Check the TBA’s website for the complete list of successful applicants. Those who meet all licensing requirements will be sworn in the week of June 5. Watch for more information about bar passage rates and statistics coming soon.

Posted by: Paul Burch on Apr 13, 2023
News Type: Legal News

The National Conference of Bar Presidents (NCBP) Diversity, Equity & Inclusion Committee is now accepting applications for the 2023-2024 Diversity Scholar Program. The deadline is April 30. Those chosen for the program will participate in NCBP committees and receive complimentary registration for bi-annual meetings. The goal of the program is to promote the benefits of an organized bar and overall diversity in the legal profession. “I have been involved in many different programs over the years, and this one has been the most beneficial to my long-term planning process,” said Aja Brooks, secretary and treasurer of the State Bar of New Mexico and president of the New Mexico Black Lawyers Association. Candidates can read more from past scholars and apply at the NCBP Diversity website.

Posted by: Paul Burch on Apr 13, 2023
News Type: Legal News

Davidson County Juvenile Court Judge Sheila Calloway was named the 2023 Nashville ATHENA Traditional Recipient at the 33rd annual Nashville ATHENA Awards & Scholarship Program held March 31. "This prestigious award recognizes women leaders who inspire others to achieve excellence, and Judge Calloway is certainly an inspiration to us all,” the sponsoring Nashville Cable organization said. “With nearly two decades of experience on the bench, she has made a significant impact on the lives of countless children and families in Nashville.” Calloway is a native of Louisville and received her law degree from Vanderbilt University. She was appointed as juvenile court magistrate by Judge Betty Adams Green in 2004 and elected as juvenile court judge in August 2014. She is also an adjunct professor at Vanderbilt University Law School, Belmont University Law School and American Baptist College. Read more about Calloway at TNCourts.gov.

Posted by: Stacey Shrader Joslin on Apr 12, 2023
News Type: Legal News

TBA members joined a virtual discussion today with Tara Stringfellow, author of the third quarter book selection “Memphis.” Stringfellow talked about her writing process, why she addressed specific issues affecting the Black community and who she considers her literary heroes — those included novelists Toni Morrison and Alice Walker and poets Sonia Sanchez and Phyllis Wheatley. TBA President Tasha Blakney kicked off the discussion and Memphis attorney Will Perry facilitated the conversation. Though no sequel is planned for the book, Stringfellow shared that her next project will be a book of poetry due out in 2024.

Posted by: Stacey Shrader Joslin on Apr 12, 2023
News Type: Legal News

Police in Memphis will be directed not to make traffic stops solely for low-level offenses like improperly placed license plates or a single broken brake light after council members passed an “Achieving Driving Equality” ordinance this week. Passage was a win for advocacy groups who have pushed for the change since the death of Tyre Nichols, a 29-year-old Black man who died after being brutally beaten by Memphis police officers. Nichols was pulled over in a traffic stop before officers forced him from his vehicle, tased, chased and beat him. The Commercial Appeal has more.

Posted by: Stacey Shrader Joslin on Apr 12, 2023
News Type: Legal News

The Biden administration today proposed new privacy protections designed to prevent women's health information from being used to investigate or sue people who obtain or facilitate abortions. The proposal by the U.S. Department of Health and Human Services amends the HIPAA privacy rule so that exceptions allowing the sharing of private health information do not apply to information related to reproductive health care for non-health care purposes. The rule is aimed at protecting women living in states where abortion is illegal who travel out of state for the procedure. It also would protect health care providers, insurers and other entities who perform or pay for abortions. Read more from Reuters.

Posted by: Stacey Shrader Joslin on Apr 12, 2023
News Type: Legal News

The American Bar Association has released new bar passage data for 196 ABA-approved law schools. The data includes percentage pass rates based on race, ethnicity and gender from information collected from the 2022 exam. The ABA Journal summarizes some of the key findings, including that Black candidates continue to have the lowest pass rate, and that rate fell from 61% in 2021 to 57% in 2022. Rates for other ethnic groups include Native Americans with a 60% pass rate, Hawaiians and Hispanics with a 69% pass rate, Asians with a 75% pass rate, and whites with a 83% pass rate. The data also shows that female candidates saw lower pass rates than men: 77% compared to 80%. View the data.


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