The debate over a proposed referendum to repeal Nashville's recent tax increase played out in front of a judge yesterday as the city's election commission seeks a ruling on whether it must hold a special election. In the first day of trial, Davidson County Chancellor Ellen Hobbs Lyle listened to nearly seven hours of legal arguments by attorneys on both sides of the issue, WPLN reports. An anti-tax group is seeking to roll back a 32% tax increase and curb the city's authority to raise taxes in the future. It secured enough signatures to place the referendum before voters but Metro is asking the judge will declare the referendum unconstitutional and keep it from going before voters. Closing remarks were scheduled to take place today. Lyle is expected to make a ruling by Nov. 3.

The Washington County Board of Commissioners last night selected Janet Vest Hardin to replace the late General Sessions and Juvenile Judge Jim Nidiffer, who died in September. Earlier this year, Gov. Bill Lee temporarily appointed Hardin to serve as special judge when Nidiffer stepped down from the bench due to illness. Prior to her appointment, Hardin served as assistant district attorney for the 1st Judicial District from 1988-2019 and for the 6th Judicial District from 1987-1988. She also served as an adjunct professor at East Tennessee State University and with the Knoxville law firm of Ritchie, Fels and Dillard. She will be sworn in at a later date, WJHL reports.

The New York Times is planning to open a news bureau in Nashville, according to a post from Times National Editor Marc Lacey. Rick Rojas, an Atlanta correspondent for the media organization, will be the new bureau’s chief. The Nashville Business Journal reports that the move is “another sign of the city’s growing economic and cultural importance in the Southeast.” In fact, it was a Times reporter who first called Nashville the “It City” in 2013.  The paper joins conservative media company The Daily Wire, which announced last month that it is moving its headquarters from California to Nashville.

The Tennessee Faith & Justice Alliance will hold the second of three virtual training programs tomorrow at 1 p.m. CDT for lawyers and faith and community leaders in Middle Tennessee. The program will feature a panel discussion around the intersection of faith, pro bono and racial justice; legal resource trainings; and virtual legal clinic information. Panelists include Juvenile Judge Sheila Calloway, Middle Tennessee State University political science professor Dr. Sekou Franklin, Nashville Metro Council At-Large Rep. Zulfat Suara, and Andrae Crismon with the Legal Aid Society. The event is free but registration is required.

The TBA is hosting a virtual CLE series focused on individual cities' legal community, needs and interests. The series kicks off with a one-hour program for Clarksville area lawyers on Nov. 12. Speakers include Circuit Court Judge Kathryn Olita and Jamie Durrett with Wilson Elser Moskowitz Edelman & Dicker. Topics include e-filing procedures being evaluated by Montgomery County, an update on court procedures, and litigation and virtual trials during the pandemic. A question and answer time will round out this live, interactive program.

More than two dozen constitutional law experts on Friday voiced support for legislation that would establish 18-year term limits for U.S. Supreme Court justices, The Hill reports. The move comes a day after Democratic presidential nominee Joe Biden said he would form a bipartisan group to study and recommend court reform options if he wins. The specific legislation endorsed by the group of 30 has been introduced in the House of Representatives by Democrats Ro Khanna of California, Don Beyer of Virginia and Joe Kennedy III of Massachusetts. In an attempt to not clash with the Constitution’s grant of life tenure to federal judges, the bill would allow justices to serve on lower courts after their high court term expired. The group of scholars was organized by the advocacy group Fix the Court.

Walmart has filed a civil lawsuit against the U.S. Justice Department and Drug Enforcement Administration in connection with allegations that the retail giant contributes to the opioid crisis by filling questionable prescriptions, WKRN reports. Walmart is seeking a statement from a federal judge that the government cannot legally seek civil damages based on claims that company pharmacists filled valid prescriptions they should have known were questionable. It is also asking the court to “clarify what requirements apply to pharmacists when they fill prescriptions for opioid medications.” Walmart likened its situation to a being “between a rock and a hard place” — simultaneously being pressured by federal authorities for not doing more to second-guess doctors and by state health regulators for going too far in interfering in the doctor-patient relationship.

The Court of Workers’ Compensation Claims announced today that it will continue with telephonic settlement approvals through the end of the year. The statement from the court read as follows: It’s been over six months now since we’ve made the change to allow for all settlement approval hearings to occur by phone, for everyone’s health and safety. Looking ahead, at least for the next two months, the altered procedure will remain in place. We’ll revisit this for 2021 in mid-December."

The Tennessee Senate Republican Caucus on Friday provided an update on the health of state Sen. Kerry Roberts, R-Springfield, who suffered an aneurysm earlier this month. The Tennessee Journal reprinted the statement: Roberts “remains in the Neuro Intensive Care Unit and continues to experience vasospasms, placing him at risk for a stroke and requiring him to be under careful monitoring. His medical team continues to anticipate a full and complete recovery and his recovery timeline remains within expectations for a brain hemorrhage.” The statement also said that with continued improvement, he is expected to be released this week. Roberts thanked all those who have prayed for him and sent him encouraging messages and said that because of severe headaches he has not been able to respond. “I have been touched by so many kind messages and look forward to responding soon,” he said.

After a rare weekend session and a key vote yesterday, the U.S. Senate is set to confirm Judge Amy Coney Barrett to the U.S. Supreme Court tonight, The Hill reports. On the critical vote whether to end debate on the nomination, senators voted 51-48. Republican senators Susan Collins of Maine and Lisa Murkowski of Alaska voted with all Democrats against moving forward, but Collins is the only Republican expected to vote against the confirmation. Assuming Coney Barrett is confirmed, Justice Clarence Thomas is expected to administer the oath of office to her tonight, CNN reports.