Senate deals setback to effort to block local governments from suing state

The Tennessee Senate meets on June 1, 2020. (Erik Schelzig, Tennessee Journal)

The Senate on Monday rejected a proposal by Sen. Brian Kelsey (R-Germantown) to ban local governments from filing lawsuits to challenge the constitutionality of laws passed by the General Assembly.

Kelsey said his bill would only apply to lawsuits filed after the bill went into effect. But he cited recent legal challenges over school vouchers, voter ID, and funding for large school districts as examples of litigation he is seeking to outlaw.

Kelsey’s bill went off the rails when Republicans like Sens. Ken Yager of Kingston and Page Walley of Bolivar began questioning why local governments should be prevented from challenging the constitutionality of measures that may bring them fiscal harm.

Walley noted that when he was a state House member in the 1990s, 77 small school districts successfully sued the state for more equal education funding. Kelsey argued that instead of the lawsuit filed by the late Lewis Donelson, the small school districts should have pursued their aims by “talking to the legislature.”

Walley agreed it would have been better for the General Assembly to act on its own accord, but recalled “an intransigence” on the part of lawmakers that prevented a solution at the time.

The vote on Kelsey’s amendment failed 14-14, with three Republicans and two Democrats missing the vote. Kelsey asked to move his bill to Wednesday, at which point he is expected to introduce another amendment seeking similar restrictions.

Kelsey’s amendment failed on a 14-14 vote on April 26, 2021.

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