Search Results for: slatery

Slatery sits out GOP AGs’ letter questioning federal stimulus rules for states, cities

State Attorney General Herbert Slatery, right, speaks with Rep. Jerry Sexton (R-Bean Station) on the House floor in Nashville on Feb. 3, 2020. (Erik Schelzig, Tennessee Journal)

Tennessee Attorney General Herbert Slatery is sitting out an initiative by Republican colleagues from other states raising concerns about rules attached to a key part of the $1.9 trillion federal economic aid package signed into law last week.

A letter signed by 21 Republican AGs questions Democratic President Joe Biden’s administration for announcing that $350 billion in COVID-19 relief for state, local, and tribal use cannot be used to offset tax cuts. That restriction would represent “the greatest attempted invasion of state sovereignty by Congress in the history of our Republic,” according to the letter sent to Treasury Secretary Janet Yellen.

A White House official told The Washington Post the stimulus bill sets conditions about how states can use the money, but does not say they can’t cut any taxes. “It simply instructs them not to use that money to offset net revenues lost if the state chooses to cut taxes,” the official said.

Previous rounds of federal stimulus funding passed under former President Donald Trump included provisions barring states from using the money to “backfill” revenues lost during the economic downturn.

Slatery earlier this month was one of 19 attorneys general signing on to a letter urging defeat a bill by congressional Democrats they said would “federalize state elections and impose burdensome costs and regulations on state and local officials.” In December, Slatery joined an amicus brief supporting a Texas lawsuit seeking to overturn the result of the presidential election to sway it in President Donald Trump’s favor.

Slatery signs onto GOP AGs’ letter criticizing congressional voting bill

State Attorney General Herbert Slatery, right, speaks with Rep. Jerry Sexton (R-Bean Station) on the House floor in Nashville on Feb. 3, 2020. (Erik Schelzig, Tennessee Journal)

Tennessee Attorney General Herbert Slatery has signed on to a letter urging the defeat of a bill by congressional Democrats they say would “federalize state elections and impose burdensome costs and regulations on state and local officials.”

The letter is written by Indiana AG Todd Rokita and joined by 19 others including Slatery.

Here’s the full text (footnotes omitted):

Dear Madame Speaker, Minority Leader McCarthy, Majority Leader Schumer, and Minority Leader McConnell:

As the chief legal officers of our states, we write regarding H.R.1, the For the People Act of 2021 (the “Act”) and any companion Senate bill. As introduced, the Act betrays several Constitutional deficiencies and alarming mandates that, if passed, would federalize state elections and impose burdensome costs and regulations on state and local officials. Under both the Elections Clause of Article I of the Constitution and the Electors Clause of Article II, States have principal—and with presidential elections, exclusive— responsibility to safeguard the manner of holding elections. The Act would invert that constitutional structure, commandeer state resources, confuse and muddle elections procedures, and erode faith in our elections and systems of governance. Accordingly, Members of Congress may wish to consider the Act’s constitutional vulnerabilities as well as the policy critiques of state officials.

First, the Act regulates “election for Federal office,” defined to include “election for the office of President or Vice President.”1 The Act therefore implicates the Electors Clause, which expressly affords “Each State” the power to “appoint, in such Manner as the Legislature thereof may direct,” the state’s

allotment of presidential electors, and separately affords Congress only the more limited power to “determine the Time of chusing the Electors.” That exclusive division of power for setting the “manner” and “time” of choosing presidential electors differs markedly from the collocated powers of the Article I Elections Clause, which says that both States and Congress have the power to regulate the “time, place, and manner” of congressional elections. That distinction is not an accident of drafting. After extensive debate, the Constitution’s Framers deliberately excluded Congress from deciding how presidential electors would be chosen in order to avoid presidential dependence on Congress for position and authority. Accordingly, the Supreme Court, in upholding a Michigan statute apportioning presidential electors by district, observed that the Electors Clause “convey[s] the broadest power of determination” and “leaves it to the [state] legislature exclusively to define the method” of appointment of electors. McPherson v. Blacker, 146 U.S. 1, 27 (1892) (emphasis added). The exclusivity of state power to “define the method” of choosing presidential electors means that Congress may not force states to permit presidential voting by mail or curbside voting, for example.

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Slatery joins states’ legal effort to overturn presidential election

State Attorney General Herbert Slatery, right, speaks with Rep. Jerry Sexton (R-Bean Station) on the House floor in Nashville on Feb. 3, 2020. (Erik Schelzig, Tennessee Journal)

Tennessee Attorney General Herbert Slatery is joining an amicus brief supporting a Texas lawsuit seeking to overturn the result of the presidential election to sway it in President Donald Trump’s favor.

“The Tennessee Attorney General’s Office has consistently taken the position that only a State’s legislature has the authority to make and change election laws,” Slatery said in a statement. “This Office pressed that argument in cases defending Tennessee’s election laws against pandemic-related challenges and in amicus briefs in cases involving similar challenges in other courts. This is not something new.”

Slatery’s office this year fought efforts to allow anyone afraid of contracting COVID-19 to cast absentee ballots. The state lost at the chancery court level, allowing the looser restrictions on mail-in balloting to take effect for the primary. The state Supreme Court later overturned the the decision, but only after the AG’s office reversed course to say anyone with an underlying health condition making them more susceptible to COVID-19 (or anyone living with someone who did) could cast absentee ballots.

A Trump-appointed federal judge also ruled Tennessee couldn’t enforce its rules this year requiring first-time voters who registered online to cast their ballots in person.

Senate Minority Leader Jeff Yarbro (D-Nashville) called Slatery’s move a “low point in the history of the office of the Tennessee Attorney General. “

“Here’s the context: The Attorney General in Texas is under FBI investigation and widely assumed to be fishing for a pardon” Yarbro said on Twitter. “Now the Tennessee Attorney General is spending Tennessee resources to help?”

Slatery blasts judge for ruling allowing any voter to cast absentee ballot

State Attorney General Herbert Slatery, right, speaks with Rep. Jerry Sexton (R-Bean Station) on the House floor in Nashville on Feb. 3, 2020. (Erik Schelzig, Tennessee Journal)

State Attorney General Herbert Slatery issued an unusual statement criticizing a sitting judge for ruling against the state in a lawsuit over access to absentee ballots during the coronavirus pandemic.

Chancellor Ellen Hobbs Lyle on Thursday evening rejected what she called the the state’s “oddly skewed” calculations about what it would take to drop restrictions on who can vote by mail. Election officials had estimated that under the change, 100% of registered voters could cast absentee ballots and overwhelm the system. Tennessee has never had a turnout anywhere near so high, Lyle said in the ruling.

“It is yet another court decision replacing legislation passed by the people’s elected officials with its own judgment,” Slatery said in a statement, which didn’t indicate whether he might seek an appeal.

Here’s the full statement:

Nashville- This evening Davidson County Chancellor Ellen Hobbs Lyle ordered state government to abandon long standing requirements for in person voting.

Tennessee, like all states, must engage in a delicate balancing act: it must safeguard voters from COVID-19 exposure while ensuring that voters are not disenfranchised.   

Tennessee’s election officials consulted with experts from the Tennessee Department of Health and county health departments to create a comprehensive COVID-19 election plan that conforms to the CDC’s guidance and makes Tennessee’s polling places safer than the general community.

The Court’s ruling, while rightly taking into account the safety of Tennessee’s voters and poll workers, failed to appropriately consider the extensive safety measures of the COVID-19 election plan, and, more importantly, gave little weight to the unanimous expertise of state and county election officials that hastily expanding absentee voting is impracticable and risks disenfranchising Tennessee voters. 

The Court’s order has taken this important decision away from Tennessee’s state and county election experts and unnecessarily risks voter confusion, potential voter fraud, and election disruption.

“It is yet another court decision replacing legislation passed by the people’s elected officials with its own judgment, largely ignoring the practicalities of implementing such a decision, and doing so in the midst of a pandemic and budget crisis,” said Herbert H. Slatery III.

Slatery joins other AGs in lawsuit against manufacturer of OxyContin

Press release from attorney general’s office

Attorney General Herbert H. Slatery III, along with a bipartisan group of Attorneys General, sued Purdue Pharma today for its unlawful marketing and promotion of OxyContin and other drugs and its role in causing and prolonging the opioid epidemic in Tennessee.

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Slatery drops opposition to opioid lawsuits by DAs; says no TN lawsuit in federal court

Attorney General Herbert Slatery has abandoned a legal effort to block district attorneys general from filing lawsuits against opioid manufacturers in a “ceremonial surrender” Thursday before Campbell County Circuit Court Judge John McAfee, reports the News Sentinel. And Slatery has decided against filing an opioid lawsuit on behalf of the state in federal court.

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Slatery moves to block local government lawsuits against opioid manufacturers

State Attorney General Herbert Slatery has moved to block a lawsuit filed against opioid manufacturers by three Northeast Tennessee counties, contending they  don’t have legal authority to do so. A group of 14 district attorneys general say he’s wrong.

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Slatery among critics of federal move to block state oversight of student loan collectors

The Trump administration is taking steps to shield student loan collection companies from state regulators, over the objections of consumer advocates and even some Republican attorneys general, reports Politico. Tennessee AG Herbert Slatery is one of them.

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AG Slatery: Exit of communications director ‘a bummer for our office’

Press release from Tennessee Office of the Attorney General

Attorney General Herbert H. Slatery III today announced Harlow Sumerford, Director of Communications, will leave the Attorney General’s Office to join the communications team at HCA Healthcare as Manager of Media Relations.

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U.S. Supreme Court takes up state sales tax dispute; Haslam and Slatery hopeful

Gov. Bill Haslam and state Attorney General Herbert Slatery are both hailing the U.S. Supreme Court’s decision to hear arguments in a case they hope will authorize states to require retailers to collect sales taxes even if they have no physical presence within the state, reports the Times Free Press.

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