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TN Politics: "Vindictive" Legislation Raises Constitutional Concerns

Tennessee State Capitol Building
Christopher Blank/WKNO
Tennessee State Capitol Building

Last year's Republican expulsion of two Black Democratic Representatives for actions that, historically in Tennessee government, would have warranted a reprimand or censure, highlighted not the severity of the offense but a new public-forward level of racism in the legislature that follows a ban on Critical Race Theory and laws protecting Confederate monuments.

While the expulsions drew national scrutiny, particularly since a white lawmaker was not punished for the same actions, Republicans have spent this session studying new ways to silence critics.

Among recent proposed laws in the state House, one would bar county governments from returning expelled lawmakers to their offices on an interim basis until a special election can be held. Both Shelby County and Davidson County governments agreed the expulsions were severe and unwarranted and returned the outspoken lawmakers, Justin Pearson (D-Memphis) and Justin Jones (D-Nashville), to their jobs.

The white lawmaker involved, Gloria Johnson (D-Knoxville), says a new proposed law targets her as well. She is running both for reelection in her district and as a long-shot candidate for Marsha Blackburn's U.S. Senate position. One Republican lawmakersays it's finally time to prevent candidates from running for two offices at once, adding that it has nothing to do with spiteful politics.

Finally, since the gun debate protest that led to the lawmakers' expulsion, House Republicans have explored new ways to conduct business under-the-radar by limiting public access to their chambers, including creating a surprise ticketing system that allows Republicans to astroturf the galleries with supporters. As a result, lawsuits have been filed in courts questioning whether, as Republican Gino Bulso (R-Brentwood) has suggested, the state has a right to make laws in private if it wants.

Republicans have now proposed a law that would limit which courts can take up citizen lawsuits over actions taken in the House, which critics say is a violation of the separation of powers.

Political analyst Otis Sanford says each of these proposals should be deeply troubling to citizens.

Reporting from the gates of Graceland to the balcony of the Lorraine Motel, Christopher has covered Memphis news, arts, culture and politics for more than 20 years in print and on the radio. He is currently WKNO's News Director and Senior Producer at the University of Memphis' Institute for Public Service Reporting. Join his conversations about the Memphis arts scene on the WKNO Culture Desk Facebook page.