Tennesseans’ Right To Vote For Supreme Court Justices Was Bargained Away

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By Connie Reguli –

In 2014, a change was made to the Tennessee Constitution at the behest of the Tennessee judiciary which removed this language, “The judges of the Supreme Court shall be elected by the qualified voters of the state.”  Our state constitution was rewritten to say, “Judges of the Supreme Court or any intermediate appellate court shall be appointed … by and at the direction of the Governor.”  Proponents of the change, like Democrat Phil Bredesen said, “contested elections for the judiciary would allow special and financial interests to become involved.”  

However, the constitutional change was driven by money and special interests like Tennessee Business Partnership, a “nonprofit” formed January 1, 2014 and now nonexistent. This PAC alone provided $425,000 for an aggressive media campaign including television advertising and billboards.  This mysterious PAC, which is now nowhere to be found, was housed at 511 Union Street, the very same building where you will find the law firm Waller Lansden Dortch and Davis who contributed $75,000 to the campaign.  And the same building as the Administrative Office of the Courts which is the administrative office for the state court system and the Board of Judicial Conduct.   

The proponents of the constitutional change included three more major law firms in Nashville: Baker Donelson Bearman Caldwell & Berkowitz ($50,000), Butler Snow ($50,000), and Neal & Harwell ($20,000).  Each of these firms have a substantial government relations arm which provides for lobbying directly as well as representing firms contracting with the government.  And just so you know, Waller is also on the taxpayers’ payroll receiving payments through the Attorney General’s office every year; $123,000 for 2022.  Also dipping into the taxpayer coffers, Baker Donelson received over $50,000 from the State budget; and Neal & Harwell $50,000.  It is not a far stretch to assume that these firms expect to have some influence over judicial selections as a result of their support.  

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The effect of this constitutional change slipped by many Tennesseans in 2014, because the focus of debate was Amendment 1 to ban abortions.  Whether by happenstance or by design, we bargained away our right to vote, the most precious possession we have in this country.  The same paragraph of our constitution reads, “His term of service shall be eight years.”  To allow a “retention” vote makes the “term of service” meaningless.  As Americans, we must support a constitutional government and our precious right to select our leaders. Now the “selection” of judges by the executive branch impinges on the separation of powers doctrine and by design creates lifetime appointments.  This was never the intent of our constitution.  Vote “Replace.” 

4 thoughts on “Tennesseans’ Right To Vote For Supreme Court Justices Was Bargained Away

  • July 19, 2022 at 5:18 pm
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    This is why we need to clean house and get rid of Everyone in office know. They do not have Tennessee’s interest. These people just want to stay in office and keep their power. WE are loosing this state to a bunch of communist legislators here. They all have to go

    Reply
  • July 19, 2022 at 6:17 pm
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    Our legislature allowed this. This “supermajority” of Republicans allowed this. We elect them to protect our rights, NOT extend and expand the administrative state. The grassroots groups that have arisen the last 12-18 months are watching more and more. These legislators need to feel the heat.

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  • July 21, 2022 at 11:12 am
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    I turn myself in on a warrant for an alleged crime of selling 662 grams of marijuana on 1/31/1997. The charges had previously been dismissed in a preliminary hearing in Memphis GS Court on 4/3/1997 and alleged to have been expunged. The DA had me arrested again on the same charges on 8/8/1997 under booking number 97040006, for which a $10000.00 bail was posted by using my home. My case was heard in the Tennessee Supreme Court under case W2019-01406-CCA-R3-ECN and was dismissed 3/25/2021. The original booking number for the arrest was changed to another booking number 97624757. The 8/8/1997 booking number 97040006 was changed to a OMSE( Offender Management System Evolution number). Long story short, they do what they want to do because they can.

    Reply
  • July 21, 2022 at 10:40 pm
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    Hell, when the Tennessee Supreme Court repudiates our State Constitution, violates our Open Meetings Act laws, and disobeys their own damned rulings by conspiring together in in secret behind the locked doors of a private venue under armed guard so that press and public cannot observe their activities…the secrecy surrounding their judicial conferences alone should tell the taxpayers everything that a voter needs to know about the judiciary in this state. The hypocrisy of the judiciary is truly astounding and sad…they zealously hold everyone else to standards they will apply to themselves.

    Reply

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