After three back-to-back trials in the Tennessee House of Representatives, Republicans expelled two African-American Democrats from elected office for breaking a rule of decorum. The expulsions were unprecedented in Tennessee history for both a lack of due process and the triviality of the rule broken: creating a minor disruption during an active session.
Justin Pearson (D-Memphis) and Justin Jones (D-Nashville) were both accused of encroaching upon an area of the House floor called "the Well" without being acknowledged by House Speaker Cameron Sexton on March 30. The Speaker almost immediately called the session into recess, at which time the Democrats shouted protest slogans in support of people advocating for gun reform in the wake of a school shooting.
Republican members of the Tennessee General Assembly had declined to address any gun reform measures, but were preparing to consider additional laws loosening gun restrictions in the state, including making it legal for 18-year-olds to carry AR-15 rifles and concealed handguns in public places without a permit.
The two protesting Democrats were joined in the well by Gloria Johnson (D-Knoxville), a white former schoolteacher, who was also tried by the House. Seven Republicans joined Democrats in voting to keep her in office. She praised her two colleagues for their actions and said action was necessary to bring attention to the issue that Republicans continue ignore.
Tennessee is among the top 10 deadliest states for firearms, according to research by the Centers for Disease Control and Prevention. More than 1,400 people died here as a result of guns in 2020.
After the disruption, House Speaker Cameron Sexton compared the peaceful protest at the state Capitol by parents and students seeking new gun legislation to the violent Jan. 6 insurrection in Washington D.C., an exaggerated mischaracterization Sexton made on right-wing political programs.
Thursday's three-trial day began with surprise evidence: a Republican-generated video filmed from the floor of the house while still in session that, itself, violated House ethics rules. Republicans declined to name the member who filmed the video.
Additionally, the resolutions stating the cases against the lawmakers contained factually inaccurate information, as evidenced in the unethically produced video provided by sponsors of the resolutions. As Rep. Johnson pointed out, at no point did she hold a sign, raise her voice or use a bullhorn, though Republicans accused her of doing so.
Expulsion from Tennessee government is an exceedingly rare occurrence, generally used when lawmakers have committed crimes. As the three Democrats pointed out, no laws had been broken.
Rep. Pearson pointed out the hypocrisy of using video evidence that broke the rules being used to oust lawmakers accused of breaking rules.
"When we learned that a member of this body broke a permanent house rule in order for a video to be shown, there was no discussion even over what potential retributions might exist," said Rep. Pearson. "If rules be sacrosanct, if rules will be the end-all and be-all of this house, that needs to apply equitably to everyone."
He continued: "But there is something that tells me it is not the rules that were being broken, it was what we were advocating for that folks have gotten very upset about."
Nashville's Justin Jones, a young firebrand in the House, noted that the Supermajority Republican legislature has ignored previous misconduct by its own members.
"One of your colleagues who was an admitted child molester sat in this chamber. No expulsion," Jones said. "One member sits in this chamber who was found guilty of domestic violence. No expulsion. We had a former speaker sit in this chamber who is now under federal investigation. No expulsion.... we had a member pee in another member's chair in this chamber. No expulsion."
Jones said the state was returning to "dark roots" by silencing two of the youngest Black representatives and one of the two female Democrats in the House. He called the move a "power grab," by ousting members simply because they had the numbers to do it.
Republicans struck a patronizing tone toward the lawmakers, calling their protest self-centered and improper. Rep. Andrew Farmer, who sponsored the bill to remove Rep, Pearson, flushed red as he accused Pearson of "yearning to have attention."
"Just because you don't get your way, you can't come to the well, bring your friends, and throw a temper tantrum with an adolescent bull horn," Farmer said. "It doesn't give you the right to enrage folks that are here to watch this body conduct business and talk about things you know good and well that we've worked hard to protect our children in Tennessee."
Onlookers booed as Rep. Pearson smiled and turned to his colleagues. "Now, you all heard that," he said, which elicited laughter. "He called a peaceful protest a temper tantrum.... Is what's happening outside these doors by Tennesseans who want to see change a temper tantrum?"
"I don't personally want attention," Pearson said, his voice raising. "What I want is attention on the issue of gun violence. But instead, we're here with a resolution you put up talking about expelling me for advocating for ending gun violence in the State of Tennessee!"
Republicans' loosening gun of restrictions and refusal to even consider a "red flag" law in the state was the primary reason thousands had come to the capitol on March 30, and have been there every day since. A current lack of gun regulations has led to a spike in gun crimes and record murder rate in cities such as Memphis, where stolen guns are frequently used in crime.
Hundreds of people in the capitol halls cheered the Democrats as they defended the purpose of their protest in the well that day, a reaction to the "thoughts and prayers" offered by their Republican colleagues for the Covenant School Shooting in Nashville.
Pearson had personally sent a letter to each Republican accepting responsibility for the breach of decorum. As the newest member of the House, he also said he was unfamiliar with many of the rules.
At the end of the evening, as Speaker Sexton gaveled the session to a close, onlookers in the gallery chanted "Shame on you!" to the lawmakers, who had set a new precedent in Tennessee by drastically lowering the standard by which the majority party could summarily remove political rivals from office.
