Fed lawyers: TN law doesn’t allow legislators to bring refugee lawsuit on behalf of the state
In a 48-page motion filed Thursday, U.S. Department of Justice attorneys asked a federal judge to dismiss a lawsuit over refugee resettlement in Tennessee that was filed by a law firm advocating for states’ rights in response to a resolution passed by the legislature last year.
Among the federal government’s various arguments is that Tennessee law does not allow the General Assembly to bring the lawsuit on behalf of the state.
“Statutes enacted by General Assembly make clear that the authority to represent the state in litigation belongs exclusively to the Attorney General,” the motion states, while pointing out that the state’s attorney general declined to initiate the lawsuit.
At one point, the federal government also says the claim that Tennessee has been forced to spend state funds as part of refugee resettlement is “logic-defying.”
The state’s lawsuit came after lawmakers overwhelmingly approved a resolution in 2016 approving legal action and after Tennessee Attorney General Herbert Slatery declined to initiate the case. Instead, the state’s case was brought forth by the Thomas More Law Center, a Michigan-based legal group.
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