Image Credit: TN General Assembly
The Tennessee Conservative [By Olivia Lupia] –
After immense pushback from conservatives over a bill proposing to strip an individual’s right to challenge constitutionally questionable laws in Tennessee, the legislation failed in its Senate committee but remains alive in the House, prompting continued calls to put pressure on lawmakers to withdraw the bill entirely.
SB1958 was vehemently opposed by numerous advocacy groups including Americans for Prosperity, Tennessee Stands, and the Tennessee Firearms Association (TFA) for its infringement on the rights of citizens to bring a cause of action against the state if they believe legislative action taken by the General Assembly is unconstitutional.
Currently, the law allows an affected citizen to petition a panel of judges and ask if a law violates the Constitution without damages or a payday, simply seeking a clarification of the law before any action is taken against that citizen. SB1958 would have removed that option for state laws. The bill would have barred challenges to state statutes, agencies, or officials while preserving only a limited right to sue subdivisions like counties, cities, or school and utility districts.
“By eliminating a clear statutory pathway and inappropriately asserting inapplicable claims like sovereign immunity, the legislation increases the likelihood that constitutional challenges will be dismissed on procedural grounds before courts ever reach the merits. The practical result is predictable. Many citizens will comply rather than risk prosecution. Others will be compelled to endure arrest, penalties, or financial harm merely to establish standing. Rights will be chilled not because courts have ruled against them, but because lawmakers have either banned or made judicial review more difficult, more uncertain, and more dangerous to pursue,” wrote TFA’s John Harris about the bill.
Fortunately, concerted efforts and calls to action from the opposing advocates led to over 10,000 Tennessee citizens contacting the lawmakers on the committee overseeing the legislation.
Combined with tensions that erupted between committee members over the interpretations and implications of the bill, the pressure ultimately caused its failure in the Senate Judiciary Committee. With the vote resulting in a 4-4 tie with Republican Kerry Roberts abstaining, the bill officially stalled out.
But SB1958 cannot be considered truly dead as a failed bill in a Senate Committee does not indicate it has been fully killed. So long as its House counterpart continues to progress, the bill can eventually be revived, as is likely the plan with this legislation.
The House companion bill, HB1971, has already passed the House Civil Justice Subcommittee 6-1 and is scheduled to be heard before the full Judiciary Committee on March 11.
However, on Feb. 19 and 20, the bill’s tracking page showed at least two co-sponsors have withdrawn their support of the bill, indicating committee members may be reactive to citizen input.
If the bill fails in the House committee or is withdrawn by its sponsor, it is unlikely the Senate version could be revived and is the only way to ensure the bill totally dies this session.
Tennessee Stands has prepared a form with a prefilled template message for those who wish to contact members of the House Judiciary Committee about this legislation. Click here to engage with this call to action.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
One Response
Thanx! Emailed in opposition via TN Stands.