TBA Law Blog


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Posted by: Azya Thornton on Sep 9, 2024
News Type: U.S. Supreme Court

Last week, the U.S. Supreme Court denied Oklahoma's bid to reinstate over $4 million in Title X funding while its legal challenge against the Department of Health and Human Services (HHS) proceeds. According to SCOTUSblog, the dispute involves Title X's federal requirement for abortion counseling and referrals, which conflicts with Oklahoma's abortion restrictions. Oklahoma argued that these requirements violate the Constitution’s spending clause and federal Weldon Amendment, which protects providers who refuse abortion referrals. The federal government countered that Congress routinely conditions federal grants on compliance with requirements and that the Weldon Amendment does not cover state agencies. Oklahoma also argued that a recent ruling from the 6th Circuit Court of Appeals, which upheld a district court’s decision withholding similar funds from Tennessee, should not influence the court because the Weldon Amendment was not cited in that case.

Posted by: Azya Thornton on Sep 9, 2024
News Type: Legal News

There is now a vacancy for a TBA delegate to the ABA House of Delegates (Position 1) due to Jonathan Cole’s selection to serve as chair of the ABA House of Delegates. In accordance with Articles 47 and 49 of the TBA Bylaws, the TBA Board of Governors will fill this vacancy at its Sept. 28 board meeting. The selected candidate will fill this vacancy for the remainder of the current term. To be considered for this position, email TBA Executive Director Sheree Wright with your interest by Sept. 19. Please include a resume as well as any other information you would like the Board of Governors to consider.

Posted by: Azya Thornton on Sep 9, 2024
News Type: Legal News, Politics

The Shelby County Attorney's Office has filed a motion for default judgement against Shelby County Clerk Wanda Halbert, seeking to have her removed from office immediately, the Commercial Appeal reports. The motion, filed Friday, argues that Halbert did not file an answer to the original ouster petition in time. She did, however, file a motion to dismiss the ouster on Aug. 26. The government's latest motion argues that the dismissal motion did not qualify as an answer. The next hearing in the case is set for Sept. 13.

Posted by: Azya Thornton on Sep 9, 2024
News Type: Election 2024

Over the weekend, the Tennessee Republican Party’s State Executive Committee rejected outgoing Oak Ridge Rep. John Ragan’s challenge of his August primary loss to Rick Scarbrough by a 41-7 vote, The Tennessean reports. Ragan lost his Aug. 1 primary race to Scarbrough by 258 votes. Days later, he alleged that Democrats cast "crossover" votes in the Republican primary with the purpose of defeating him. Lawmakers last year passed a new law requiring polling places to display signage warning voters it is illegal to vote in another party’s primary. According to the report, that law has drawn several legal challenges. Scarbrough remains the Republican on the ballot in November. Scarbrough now will face Democrat Anne Backus on Nov. 5.

Posted by: Azya Thornton on Sep 9, 2024
News Type: Upcoming

The Tennessee Racial and Social Justice Collective will host a community roundtable discussion on Sept. 28 at Lane College in Jackson to address issues impacting Black citizens in rural West Tennessee. The event, titled "Defending DEI: Anti-Blackness and Systemic Racism in Rural West Tennessee," will feature discussions on diversity, equity and inclusion; health disparities; voting rights; economics; and the justice system. The roundtable discussion is funded in part by a grant from Humanities Tennessee and is open to the public though registration is required. Learn more and register here.

Posted by: Julia Wilburn on Sep 9, 2024
News Type: Legal News

The Tennessee Lawyers Assistance Program (TLAP) announces that Clinical Case Manager Erin Lynch has received licensure by the state of Tennessee as a professional counselor, temporary (LPC-temp) and she now will complete her remaining LPC supervision hours as a licensed therapist. Lynch joined TLAP in October 2023. Her experience includes providing comprehensive clinical services to clients struggling with mood disorders and substance use disorders. Lynch has also worked in the realms of public policy, criminal prosecution and domestic violence litigation, and she understands the mental health challenges of working in the legal profession.

Posted by: Azya Thornton on Sep 6, 2024
News Type: Legal News

Amazon filed a lawsuit against the National Labor Relations Board (NLRB) on Thursday, challenging the agency's structure and its handling of a union election at a Staten Island warehouse in 2022. Reuters reports the lawsuit alleges that the NLRB violated the U.S. Constitution by interfering with the election and acting as prosecutor, judge and jury in the case. Amazon claims that the board's five presidential appointees lack proper oversight and that the company is denied the right to a jury trial. The report states the lawsuit echoes similar claims made by other companies against the NLRB, which maintains that its structure is legal and defends its actions as protecting workers' rights. 

Posted by: Azya Thornton on Sep 6, 2024
News Type: Legal News

Tennessee is working to acquire 5,500 acres of land near Memphis to establish a new state forest. The purchase, facilitated by The Conservation Fund, aims to protect the property from development and preserve the Wolf River watershed, a vital source of drinking water for the city, according to the Tennessee Lookout. The land is part of the historic Ames Plantation, known for its diverse wildlife, historical significance and ongoing research by the University of Tennessee. The state is using a combination of state and federal funds to finance the purchase, and the land will be subject to legal restrictions as a state forest.

Posted by: Azya Thornton on Sep 6, 2024

In honor of approaching Hispanic Heritage Month, observed Sept. 15-Oct. 15, the Knoxville Latino Bar Association (KLBA), University of Tennessee Law Latin American Law Students Association (LLSA) and Lincoln Memorial University Hispanic Law Students Association (HLSA) are co-hosting a "Lawtino Mixer" on Sept. 20 from 5:30 to 7:30 p.m. EDT at Radius Rooftop Lounge in Knoxville. This networking event offers an opportunity for Latino legal professionals and students to connect in a relaxed setting. RSVP here.

Posted by: Azya Thornton on Sep 6, 2024

The Tennessee Lawyers’ Fund for Client Protection on Sept. 5 paid a $39,585 claim filed against Anderson County attorney Kevin Carmack Angel. It also directed Angel to reimburse the fund for the expense. The Fund for Client Protection was established by the Tennessee Supreme Court to reimburse individuals for losses caused by dishonest conduct by attorneys. The fund is operated by a board, which meets quarterly to consider claims. In September 2022, the Tennessee Supreme Court amended Rule 25 to require the fund to notify the Tennessee Bar Association of claims paid. News releases also are posted online.


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