The National Association of Attorneys General, the nonpartisan forum for America’s state and territory attorneys general, presented Tennessee AG Herbert H. Slatery III with its Kelley-Wyman Award yesterday in Washington, D.C. The award is the group’s highest honor given annually to the attorney general who has done the most to advance the objectives of the association. The group cited Slatery’s leadership in settlement of a $26 billion opioid suit brought by attorneys general across the country and actions against Google and Facebook, as well as his service as treasurer of the group’s Mission Foundation and co-chair of its Consumer Protection Committee. 

Five candidates were interviewed today as the process to fill the vacancy on the Tennessee Supreme Court got underway at the State Library and Archives in Nashville. The Governor’s Council for Judicial Appointments heard from Jeffrey Usman, Gingeree Smith, J. Douglas Overbey, William Neal McBrayer and Kelvin D. Jones. A sixth candidate, Jonathan T. Skrmetti, withdrew his candidacy after being appointed chief counsel by Gov. Bill Lee. Day two of the hearing will feature interviews with candidates William Blaylock, Sarah Campbell, Kristi M. Davis and Timothy L. Easter. After the final interview tomorrow, the council will go into executive session to deliberate before conducting a public vote. The top three candidates will be forwarded to Lee for final consideration. 

A statue of Nathan Bedford Forrest overlooking Interstate 65 near downtown Nashville was removed yesterday after standing for more than two decades. News Channel 5 reports that the owner of the statue, Bill Dorris, died and left his property to the Battle of Nashville Trust. The Tennessean reports that the trust, which called the statue “ugly and a blight on Nashville," said the decision to remove it was made in consultation with the executor of Dorris' estate. No decision has been made about the statue’s fate though the executor said it could be sold. The statue has been vandalized several times over the years. In 2017, it was doused with bright pink paint, which has remained on the statue.

Federal District Court Judge Stan Baker yesterday issued a nationwide stay on the president’s mandate for millions of federal contractors to get vaccinated against COVID-19, finding the order needs congressional approval to be valid, the Associated Press reports. The ruling comes in a suit brought by the states of Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia, the board of regents of the University System of Georgia, and the Associated Builders and Contractors. A similar decision was issued last week by a Kentucky judge affecting the states of Kentucky, Ohio and Tennessee. President Joe Biden’s two other vaccine mandates (one for health care workers and one for private businesses with more than 100 workers) also have been blocked by federal judges across the country.

President Joe Biden’s special commission on the U.S. Supreme Court unanimously approved a draft final report yesterday, the National Law Journal reports. The report provides an analysis of the pros and cons of a number of reform proposals and notes “profound disagreement” among commission members on some of those proposals such as expanding the size of the court. Among its other findings, the commission said that proposals such as jurisdiction stripping and supermajority voting requirements would likely be found unconstitutional. The commission did offer three recommendations for improving transparency and public perception of the court: (1) providing more insight into the reasoning for deciding so-called “shadow docket” cases, (2) adopting an advisory code of conduct, and (3) continuing near-simultaneous audio transmission of hearings.

Gov. Bill Lee today announced the appointment of Jonathan Skrmetti as his new chief legal counsel. Skrmetti will replace Lang Wiseman, who left the governor’s office on Friday. Skrmetti currently serves as chief deputy to state Attorney General Herbert Slatery. He previously was a partner at Butler Snow in Memphis and a federal prosecutor, including service as an assistant U.S. attorney in Memphis. Skrmetti, a graduate of Harvard Law School, had applied to be considered for a vacancy on the Tennessee Supreme Court to replace the late Justice Connie Clark. With his appointment to the governor’s office, he has withdrawn from the court appointment process, according to the Tennessee Journal.

When we are tired or stressed, our brains are wired to save mental energy. Our brains see effort as bad because it’s hard work. In these situations, we tend to make decisions quickly, going “with our gut” instead of carefully considering all available information. We also tend to move toward things that make us feel good, and away from things that make us feel uncomfortable. So how do we do hard things when our brains are constantly telling us to avoid effort? David Rock, cofounder of the Neuroleadership Institute and author of “Your Brain at Work” offers three tips in the Harvard Business Review.

Congratulations to our Year End CLE Week 1 Giveaway Winner Randy Songstad of Cordova! Songstad will receive a $50 Amazon gift card. Don’t miss the opportunity to get in on next week’s drawing. Those who purchase a course in December will be entered in our weekly drawings made possible by event sponsors Clio and Geico. This month’s Year End CLE event provides a range of packages, on-demand courses and live programs. Check out the options.

It's not too late to join the TBA’s virtual Environmental Law Forum on Friday from 9 a.m. to 1:30 p.m. CST. Speakers include Wilson Buntin with the Tennessee Attorney General's Office, Leah Dundon with Beveridge & Diamond, David Higney with Grant, Konvalinka & Harrison, and Jeremy Hooper and Matt Taylor with the Tennessee Department of Environment and Conservation. Thanks to Chattanooga attorney and section chair Jennifer Brundige with the Tennessee Valley Authority for producing this year's forum.

The Tennessee Supreme Court has upheld the death sentence of Urshawn Miller, who was convicted of the 2015 murder of a convenience store employee in Jackson. A Madison County jury convicted Miller on a variety of charges, including first-degree premeditated murder and first-degree felony murder, for which they imposed the death penalty. After its mandatory review, the Tennessee Supreme Court confirmed Miller’s death sentence. Justice Sharon Lee wrote a separate concurring and dissenting opinion in which she agreed with the high court’s affirmation of the convictions, but dissented from the court’s decision to uphold the death penalty, writing that such a sentence violates Miller’s Eighth Amendment right to be free from cruel and unusual punishment. Read the full release from the Administrative Office of the Courts.