Progressive US District Court Judge Rules Teacher’s Lawsuit Against Tennessee Law Prohibiting CRT In The Classroom Can Move Forward

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The Tennessee Conservative [By Kelly M. Jackson] –

Last week, Clinton-appointed US District Court Judge Aleta Trauger denied the state’s motion to dismiss the case against a three year old state law restricting the introduction of 14 concepts into classrooms in Tennessee’s K-12 public schools. 

According to reports,  Trauger issued a 50-page memorandum to explain her single page order, criticizing the law, and processes for filing and investigating complaints – complaints which could lead to the dismissal and even revocation of teachers licensure should they be found in violation of the law. 

Trauger stated in her May 2^nd memorandum, “The Act simply invites a vast array of potentially dissatisfied individuals to lodge complaints based on their understanding of those concepts and then calls on the Commissioner [of Education], as a sort of state philosopher, to think deeply about what equality, impartiality, and other abstract concepts really mean and enforce the Act accordingly,” 

TEA, The Tennessee Education Association (TEA) filed the lawsuit back in July of last year.

TEA President Tanya Coats issued a statement, saying, “There is no group of individuals more passionate and committed to ensuring Tennessee students receive a high-quality education than public school educators. This law interferes with Tennessee teachers’ job to provide a fact-based, well-rounded education to their students.”

The law does not, however, prohibit all discussion on these topics. Instead, it allows for “impartial discussion of controversial aspects of history.”

Back in September of last year the law was challenged and Tennessee Attorney General Jonathan Skrmetti’s office filed a motion to dismiss “with prejudice”. 

AG Skrmetti’s office responded to the suit in a motion that challenges the assertions made by TEA’s attorneys and asked for the suit to be dismissed because the TEA lacks standing even as a plaintiff.    

The AG’s office makes the argument that teachers cannot claim damages for hypothetical circumstances that may or may not result in possible negative consequences. No educator has in fact suffered any injury.

 Also, the claim that the law is constitutionally vague, according to the AG’s response, is untrue because there is myriad of constitutional applications from which to draw direction. 

The AG contended that any reasonable teacher would be able to objectively understand whether they were or were not crossing a boundary that could result in disciplinary action.   

Generally, the law isn’t designed to be as prohibitive about what the educators are able to teach, in so much as how the material is presented.  

Also included in the motion to dismiss, the AG’s office pointed out that federal court should not be the place where state statutes are challenged and interpreted. Rather a more appropriate and more federalist approach to this issue would be to examine it in a state court where the interpretation of the law can be better construed. 

Judge Trauger, a former teacher at the university level, stated the ambiguity she interpreted to be present in the law, could lead to a lack of due process for educators under the US Constitution’s 14^th Amendment which guarantees due process and equal protections under the law. 

There was no comment from AG Skrmetti’s office on the denial of dismissal motion or if they will seek an appeal in a higher court. 

Some of Trauger’s other rulings from the past include rulings that created precedents which lent to rulings that changed the law for same sex marriage to become codified in law, intervened with laws enacted by the General assembly to protect voter integrity, and handing down overly harsh sentences for government activists working to expose corruption in the CIA. 

About the Author: Kelly Jackson is an escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers, she has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member.  An outspoken advocate for parents rights, medical freedom, and individual liberty, Kelly also has a YouTube channel @Tennessee_Truth_Teller and is planning on expanding out to other channels soon. Kelly can be reached at kelly@tennesseeconservativenews.com.