A federal judge in Kentucky has ruled in favor of Tennessee Attorney General Herbert H. Slatery III and Kentucky Attorney General Daniel Cameron in their lawsuit to stop the Biden administration from enforcing a provision of the American Rescue Plan Act that prohibits states from cutting taxes. The act, passed by Congress and signed into law in March, includes $200 billion for state governments to provide COVID-19 relief. As a condition of receiving the aid, the act requires states to abstain from lowering taxes for four years. The attorneys general argued that the provision was unconstitutional. The judge agreed, saying that federal efforts to “unduly influence” states’ power to set tax policies threatens “the dual nature of our federalist system” and “individual liberties.” Read more in a press release.

The National Bar Association announced today that it will present U.S. 6th Circuit Court of Appeals Judge Bernice Donald with its Lifetime Achievement Award next month during the its annual Wiley Branton Symposium. The award ceremony will take place Oct. 14. Other awards will recognize visionary leadership, rising stars and unsung heroes. See the full list of award recipients.

Davidson County Circuit Court Clerk Richard Rooker informed county officials today that he will not seek re-election, the Nashville Post reports. Rooker was first appointed to the job in 1993 and went on to serve seven more four-year terms. He succeeded his father George Rooker. Together, the pair held the office for 54 years. Rooker's chief deputy, Joseph Day, is running for the post and Rooker said he endorses Day's candidacy "100 percent." He also told the Post that the decision to retire was "bittersweet" but it was time "to move on."

A third federal judge has ruled that Gov. Bill Lee may not enforce an order requiring schools to offer parents an opt-out of mask mandates, the Tennessean reports. The decision from U.S. District Judge Waverly D. Crenshaw Jr. means that Williamson County and Franklin Special schools will be able to enforce mask mandates. The decision mirrors those by judges in Shelby and Knox counties. Lee's order is set to expire at 11:59 p.m. on Oct. 5. On Friday, the governor said he has not yet decided whether to renew it. This afternoon, Attorney General Herbert H. Slatery III announced that he has appealed and will seek a stay of the court decisions in Shelby and Knox counties. Slatery said the court orders impede the governor’s executive authority to direct the state’s public health response during an emergency.

The Biden administration today announced plans to recreate the Deferred Action for Childhood Arrivals (DACA) policy after a judge found the program unlawful, The Hill reports. The Department of Homeland Security said the new rule would "preserve and fortify" the program by seeking to address concerns over how it was implemented. But Secretary Alejandro Mayorkas reiterated that “only Congress can provide permanent protection.” A federal district judge in Texas ruled in July that the program violated the Administrative Procedures Act and suspended new applications.

Bass, Berry & Sims has appointed Nashville lawyer Lillian M. Blackshear to its executive committee. The seven-member committee includes attorneys from the firm’s Memphis, Nashville and Washington, D.C., offices, The Nashville Ledger reports. Blackshear practices in the firm’s public finance practice group, counseling governments and banks to secure financing for development projects and debt refinancing. She is a member of Nashville’s Metropolitan Planning Commission and secretary of the Women in Public Finance Tennessee Chapter.

The Legal Aid Society of Middle Tennessee and the Cumberlands will conduct two clinics this week. Tomorrow, the group will hold a phone clinic providing general advice at 2 p.m. CDT. The first 15 callers will be accepted. Then on Wednesday, the group will hold a clinic specifically for veterans from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S. Nashville 37203. To volunteer for either clinic, contact Andrae Crismon or Kendra Cheek or call 615-780-7131. 

This Thursday from 10:30 to 11:30 a.m. CDT, “CLE Performer” Stuart Teicher will provide a one-hour webcast “What My Facebook Posts Teach About Lawyer Mental Health” for Tennessee lawyers. Teicher travels the road as a full time CLE speaker and often encounters “interesting” and “not-so-courteous” people. He documents these encounters on his Facebook feed, providing levity but also important ethics lessons. His presentation this week will focus on Tennessee Rules of Professional Responsibility 1.3, requiring diligence in the practice of law; 1.16, regarding withdrawal from representation; and 2.1, on rendering candid advice. The course offers one hour of dual credit.

Tennessee state Sen. Katrina Robinson will no longer face 15 of 20 federal charges of fraud and embezzlement, the Commercial Appeal reports. Federal Judge Sheryl Lipman filed a motion to dismiss the charges Sunday, rejecting a defense request to dismiss all charges. Lipman was expected to issue an oral ruling today. The trial then is expected to continue tomorrow with the five remaining charges. Robinson has been accused of misusing $600,000 in federal funding meant for scholarships.

The Administrative Office of the Courts has announced visitation and funeral arrangements for state Supreme Court Justice Cornelia “Connie” Clark, who died last week. Clark will lie in state in the Old Supreme Court Chambers in the Tennessee State Capitol on Wednesday from 10 a.m. to 2 p.m. Visitation will take place at the First United Methodist Church of Franklin, 120 Aldersgate Way, Franklin, TN 37069 on Thursday from 2 to 7 p.m. and Friday from 10 to 11:30 a.m. Funeral services will take place Friday at noon at the church with a livestream expected on the church website. All times central. The burial will be private.

The AOC also reported today that the Supreme Court building in Nashville will be open during business hours starting today through Friday afternoon for those who would like to spend a few moments of silence in the courtroom or share remembrances of Justice Clark in a hand-crafted book that will be given to the Clark family.