Image: A measure moving through the Tennessee legislature would allow Attorney General Jonathan Skrmetti the power to make immediate appeals in some trial court rulings. Image Credit: John Partipilo/Tennessee Lookout
***Note from The Tennessee Conservative – this article posted here for informational purposes only.
By Sam Stockard [Tennessee Lookout -CC BY-NC-ND 4.0] –
A Republican bill moving through the Tennessee legislature could provide the state attorney general an advantage in defending against challenges of constitutionally questionable laws.
Senate Bill 1731, sponsored by Sen. John Stevens of Huntingdon, passed the Senate Judiciary Committee on a 7-2 vote Tuesday despite contention that it could allow the state to bury plaintiffs in a pile of legal bills.
The measure enables the state’s attorney general to make immediate appeals in trial court rulings on injunctions, dismissals and questions of sovereign immunity in cases involving the constitutionality of state laws. Plaintiffs in those cases would not be given the same options.
The discretion to grant immediate appeals within a case lies with the court, Stevens said in Tuesday’s Senate Judiciary Committee meeting.
“This can often drag a case out if the court refuses,” he said.
Otherwise, the state is forced to litigate the case until a final judgment before it can appeal a judge’s initial ruling, Stevens said.
Critics of the legislation say it gives the state attorney general’s office a leg up on lawsuits dealing with constitutional questions.
“Are we giving the state basically unlimited, automatic ability to appeal a case to a higher court that may be favorable to them?” said Democratic Sen. London Lamar of Memphis.
She pointed out that governors can appoint partisans who are favorable to Democrats or Republicans.
Assistant Attorney General Alan Groves responded by saying the question would wind up with the same court of appeals either way and wouldn’t necessarily bring a favorable outcome to the state. The bill would expedite review to a higher court earlier in the litigation, he said.
Assistant Attorney General Alan Groves responded by saying the question would wind up with the same court of appeals either way and wouldn’t necessarily bring a favorable outcome to the state. The bill would expedite review to a higher court earlier in the litigation, he said.
Lamar, though, said the measure would give “special circumstances” to the state, enabling the attorney general’s office to get unlimited, automatic appeals that could “price” a plaintiff out of a legal challenge.
“Why are we creating an unequal opportunity for the state that no one else gets?” she said.
Stevens said the bill wouldn’t decide the merits of any case, only allow early review by a higher court on fundamental questions in a case.
Voting in favor of the bill were Republican Sens. Bobby Harshbarger, Kerry Roberts, Paul Rose, Brent Taylor, Dawn White, Todd Gardenhire and Stevens. Voting no were Democratic Sens. Sara Kyle and Lamar.
