TBA Law Blog


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Posted by: Stacey Shrader Joslin on Feb 14, 2025

U.S. Attorney General Pam Bondi and key Republican senators are deflecting calls to impeach judges who have temporarily sided with challenges to halt White House initiatives. “That will not happen now,” Bondi said at a Justice Department news conference on Wednesday. “We’re going to follow the law right now. We’re going to follow the process. These are federal judges with lifetime appointments.” Bloomberg Law also reports that key Senate Republicans defended the power of the courts to rule against the president. “We’ve got a system of checks and balances, and that’s what I see working. I learned in 8th grade civics about checks and balances and I expect the process to work its way out,” Senate Judiciary Committee Chair Chuck Grassley told reporters. The response comes as some legislators and members of the Department of Government Efficiency (DOGE) have called on Congress to impeach judges who rule against the president.

Posted by: Azya Thornton on Feb 14, 2025

TBA’s Legislative Updates podcast features attorneys and lobbyists Berkley Schwarz of Pier Strategies LLC and Brad Lampley of Adams and Reese. In the most recent episode, they discuss key topics including Gov. Bill Lee's State of the State address, SB1052 and HB1355 on token financial support by a biological father, SB541/HB906 on claims of creditors filed against an estate, and SB540 and HB492 on custody determinations related to the failure to pay child support. Listeners can tune in on the TBA website at or directly through this link.

Posted by: Liz Slagle Todaro on Feb 14, 2025

The TBA's continuing efforts to provide education and resources related to the state's system of appointed counsel includes the Indigent Representation Primer series, which shares background and updates about indigent representation in Tennessee. There are more than a dozen articles covering topics including the basics of the indigent representation system in Tennessee and models from other jurisdictions, as well as the kinds of cases that qualify and the processes used to appoint counsel. The primer also looks specifically at the role of guardian ad litem and the skills and training required to serve in that crucial role. Throughout the year, TBA will continue to update the primer and related resources, and we welcome member questions and observations on the topic. Additional information also is available on the TBA's Indigent Representation Resource page.

Posted by: Stacey Shrader Joslin on Feb 14, 2025
News Type: Black History Month

The YWCA Nashville & Middle Tennessee will hold its first in-person Lunch & Learn since the pandemic on Feb. 27 with a focus on the intersection of faith, spirituality and social justice. From the Civil Rights Movement to present-day activism, faith and spirituality have long been pillars of resilience, resistance and radical change in the Black community. Panelists will discuss how these traditions evolved and the role they play in the fight for justice. The event will take place from noon to 1:30 p.m. CST at 1608 Woodmont Blvd., Nashville TN 37215. Register to attend the event in-person or virtually.

Posted by: Azya Thornton on Feb 14, 2025
News Type: Legal News

The Foundation for Individual Rights and Expression (FIRE) filed a federal lawsuit Thursday seeking to strike down a Memphis suburb's ordinance dictating when and how residents can display holiday decorations, the organization reports. FIRE also defended Alexis Luttrell in municipal court after the Germantown resident was cited for celebrating Christmas with decorative skeletons and violating a local ordinance on the length of time holiday decorations can be displayed. With FIRE's support, Luttrell is challenging the ordinance as unconstitutional. “City governments can impose reasonable restrictions on yard displays that address concerns like safety, noise or light pollution, but Alexis’s decorations aren’t harming anyone,” said FIRE attorney Colin McDonell.

Posted by: Azya Thornton on Feb 14, 2025
News Type: Legal News

The Metro Nashville Public Schools board unanimously approved the installation of Evolv, a concealed weapon detection system, in all district high schools, the Tennessean reports. A pilot of the system was installed at Antioch High School as students returned to campus six days after a student fatally shot another on Jan. 22. Evolv uses artificial intelligence to detect concealed weapons as people enter the school and is more specialized than traditional metal detectors. The board's approval expands the district's existing contract with System Integrations, with the initial cost estimated at around $1.25 million annually. Depending on the rollout at high schools, MNPS may seek additional funding to install Evolv in middle and elementary schools. Evolv Technologies has had setbacks: the company settled a case with the the Federal Trade Commission (FTC) in November after the FTC said the company made "misleading claims" that its AI screening system was more effective than traditional metal detectors.

Posted by: Azya Thornton on Feb 14, 2025
News Type: Congressional News

U.S. House of Representatives leaders are renewing efforts to pass legislation that would prohibit the display of any flag other than the U.S. flag on federal buildings. According to the Kingsport Reporter, Tennessee Rep. Diana Harshbarger, R-Kingsport, is reintroducing the One Flag For All Act, which she initially sponsored in response to an incident during President Joe Biden's administration when the pride flag was flown at the White House. The proposed legislation reflects ongoing debates about which symbols should be displayed on government properties and how these choices reflect broader societal values.

Posted by: Azya Thornton on Feb 14, 2025

A bill introduced in the statehouse by Rep. Kelly Keisling, R-Byrdstown, and Sen. Becky Massey, R-Knoxville, would require changes to Tennessee’s gun surrender form, mandating that the name, address and signature of the recipient of dispossessed firearms be included. Currently, Tennessee is one of about a dozen states that allows individuals ordered to surrender their guns to give them to a third party, such as a friend or relative, without requiring the third party's identification in court. According to WPLN news, this lack of oversight has raised concerns, as people could claim to have surrendered their firearms while still retaining access to them. Tennessee consistently has one of the highest rates of women killed by men, and most of those homicides are committed with guns. The legislation was inspired by WPLN and ProPublica’s reporting in Scott County, which Keisling represents, where the local court system amended the state form to identify the third party in an effort to improve accountability.

Posted by: Stacey Shrader Joslin on Feb 13, 2025
News Type: Election 2026

U.S. Sen. Bill Hagerty announced his reelection bid this week, ending speculation about a potential gubernatorial bid, The Hill reports. A former businessman and U.S. Ambassador to Japan, Hagerty was elected as Tennessee’s junior senator in 2020, beating Democrat Marquita Bradshaw with 62% of the vote. The decision leaves the state’s senior U.S. Sen. Marsha Blackburn as the highest profile Republican to express interest in a gubernatorial run. Other Republicans who have indicated interest in succeeding Gov. Bill Lee, who is term limited, include U.S. Rep. John Rose, state Sen. Page Walley of Savannah and CoreCivic President Damon Hininger, Tennessee Journal reports.

Posted by: Stacey Shrader Joslin on Feb 13, 2025
News Type: Legal News

U.S. District Judge Brendan Hurson today blocked parts of two presidential executive orders that sought to restrict federal funding for transgender activities, The Hill reports. The orders banned federal funds from being used to “promote gender ideology” or provide gender-transition treatments for minors. The Hill reports that the Maryland-based judge found that a group of transgender teens and LGBTQ organizations represented by the ACLU were likely to prevail on their claims. The groups argued that the orders amounted to illegal and unconstitutional discrimination. The government argued that the challenge was premature because regulations have not yet been written to implement the executive orders. A second suit challenging the orders is expected to be heard by a judge in Seattle tomorrow.


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