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Political notebook: Judge to hear Tennessee attorney general’s objections to temporary restraining order to a state House | Chattanooga Times Free Press

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Political notebook: Judge to hear Tennessee attorney general’s objections to temporary restraining order to a state House | Chattanooga Times Free Press


NASHVILLE — A legal challenge to a Davidson County judge’s temporary restraining order that blocks new Tennessee House of Representatives’ rules banning protest signs during the special legislative session on public safety will be heard Monday morning by Chancellor Anne Martin, the chancellor who issued the restraining order Friday.

Martin issued the order in response to a suit filed by the American Civil Liberties Union of Tennessee on behalf of Allison Polidor, Erica Bowton and Maryam Abolfazli, who were ejected from the House Civil Justice Subcommittee last week. It names House Speaker Cameron Sexton, R-Crossville, Chief House Clerk Tammy Letzler, Sergeant-at-Arms Bobby Trotter and Tennessee Highway Patrol Col. Matt Perry in their official capacities.

All three women were holding small signs protesting Republicans’ refusal to consider gun control measures during the special session called by Republican Gov. Bill Lee. The governor’s call came in the wake of an attack on The Covenant School in Nashville in which three children and three adults at the elementary school were killed by a 28-year-old former student armed with semi-automatic weapons.

Tennessee Attorney General Jonathan Skrmetti filed the suit on behalf of Sexton, Trotter and Perry.

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“The Court should dissolve its temporary restraining order,” Skrmetti said in the state’s filing. “The law allows the extraordinary and drastic ex parte remedy only upon a clear showing of an entitlement to equitable relief.”

An ex parte action is done in respect to or in the interests of one side only or of an interested outside party in a dispute.

“Plaintiffs have not (and cannot) carry that burden — a conclusion the State would have demonstrated had it been given an opportunity to respond before the court enjoined a co-equal branch on a mere hour’s consideration,” Skrmetti said in the filing

“The core question before the court is not what rules should apply … to the special session, but rather who should decide what rules should apply. The court’s rushed temporary restraining order intrudes on the core exercise of a co-equal branch’s authority. The disregard for separation of powers in this instance threatens to erode the structural protections that fortify the judicial and executive branches against undue incursion by the General Assembly.”

The dispute comes in the highly charged atmosphere of the special session, which starts its second week Monday amid major differences between House and Senate Republican leaders, whose ranks hold super majorities in both chambers. The atmosphere in the House has been highly charged.

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House Civil Justice Subcommittee Chair Lowell Russell, R-Vonore, had ordered troopers to remove the women for continuing to hold signs.

Chris Todd remarks spark criticism

Comments made last week by Rep. Chris Todd, R-Jackson, on his bill to allow people with state-issued enhanced handgun carry permits, current and retired law enforcement officers and military members or veterans to take guns on public school campuses drew extensive criticism in the House Education Administration Committee.

“Any kind of inanimate object is a weapon,” Todd told critics. If the shooter at Covenant “hadn’t had a gun … she probably would have driven over those kids when they went to recess. She would have found a way, without a doubt. And you can laugh all day long, but that’s what people do.”

Some parents of Covenant students walked out 0f the committee. Obtaining an enhanced handgun permit requires eight weeks of training.

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“With all due respect, that is a crock of crap,” Rep. Antonio Parkinson, D-Memphis, said.

Todd’s measure, House Bill 7064, failed on a 9-9 vote.

Where is Bill Lee?

While Lee called the special session, much to the consternation of some of his fellow Republicans who dominate the General Assembly, the governor has been notably absent from the public arena during proceedings.

“This has been an important week for Tennessee,” the governor said late last week in a statement as GOP House and Senate leaders continued to argue over what steps needed to be taken now and what can await lawmakers’ regular session in January.

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“I’m confident that both chambers can work together and make meaningful progress in this special session on public safety. Additionally, I want to thank the Covenant families for engaging and sharing their story, which brings hope in the midst of great tragedy. As our efforts continue, I am hopeful and remain committed to making Tennessee a safer place.”

So what has Lee been doing?

The governor was at the Capitol all week, talking with legislators from both chambers and “following the progress closely” as lawmakers continue their work, Lee Press Secretary Elizabeth Lane Johnson said in a statement.

“As you’ll recall, Gov. Lee called this special session and has been working with legislators and engaging with stakeholders all summer long,” Johnson said. “He brought forward an administration package, and several bills are moving forward in both chambers.”

The Senate last week passed most of the handful of bills Lee is seeking. House Republicans are seeking to do much more.

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Contact Andy Sher at asher@timesfreepress.com or 615-285-9480.



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Tennessee

Tennessee House GOP poised to pass ‘two-strike’ rule to remove disruptive protestors

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Tennessee House GOP poised to pass ‘two-strike’ rule to remove disruptive protestors


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Tennessee Republicans are poised to pass new rules that would allow House Speaker Cameron Sexton to ban a spectator from the House gallery for the entirety of the legislative session, an escalation of public protest guardrails the GOP supermajority has implemented in the last two years.

The new two-strike rule allows the speaker to order anyone in the gallery removed for disorderly conduct. If a person is removed once, they will be blocked from returning to the gallery for that day and the next legislative day.

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Once a person is deemed disorderly and removed a second time, though, they can be prohibited from the gallery “for any period up to the remainder” of the legislative session.

Sexton could also immediately ban someone for “especially egregious conduct.”

Republicans also gave initial passage Tuesday in the House Rules Committee to a new three-strikes provision that would block a disorderly member from the House chamber, as well.

How Sexton, R-Crossville, might define disorderly or “especially egregious” conduct is fully at his discretion, a point House Democrats have repeatedly criticized over what they argued was inequitable application of the rules. Democrats have argued that by holding supermajority the GOP has total power to define what is and is not considered out of order.

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The new rules package come amid several sessions of heated public pushback, typically sharply critical of House Republicans, that first began as gun control protests in the wake of the 2023 Covenant School shooting.

Since then, House Republican leadership has implemented increasingly stringent speaking rules for members, instituted certain signage bans for members of the public and blocked off one-half of the public House gallery for ticketed entrance.

Rep. Yusuf Hakeem, D-Chattanooga, was one of the three Democrats on Tuesday’s House committee that voted against the rules package.

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“If the representative can’t be heard, if they can’t express themselves, and then the people are being put out, who are you listening to?” Hakeem asked Rep. Johnny Garret, R-Goodlettsville, who presented the GOP rules package.

Garrett, an attorney, likened the House chamber to a courtroom. Public access does not mean there aren’t rules to follow, he argued.

“Courts in the state of Tennessee are wide open, you and I can walk in and observe,” Garrett said. “But we do not have the constitutional right to scream bloody murder inside a courtroom. That judge would slap us with contempt and throw us in jail.”

Under the new three-strikes rule for House members, a representative who is “called to order” for breaking House rules, which the rules package also refers to as “unruly behavior,” will at first face a limit on their speaking time. For the second transgression, the member would be silenced for two legislative days.

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A third transgression could trigger total removal from the House chamber for three legislative days.

Garrett said the House would set up a remote voting chamber in a committee room to allow the member to cast votes.

The remote voting rule appears targeted at Rep. Justin Jones, D-Nashville, who frequently clashes with Sexton and other House Republicans on the chamber floor.

Jones demurred Tuesday when asked if he felt the remote voting punishment was aimed at him but described the rules package overall as “authoritarianism without guardrails.”

“It’s going to impact the right of the public to be here in this building, going to impact their rights and their ability to show up in the capital,” Jones said.

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In other rule changes, House members’ bill allowance will drop over the next two years. Members previously could file 15 bills each but would be held to 12 bills in 2025. Next year, the bill allowance would drop to 10 per member. Committee chairs and other leadership would have a higher allowance.

Republicans voted down all rules changes proposed by Democrats, including one brought by Jones to curtail conflicts of interest between lawmakers married to lobbyists.

Republicans also blocked a ban on guns in committee rooms. Firearms are currently banned from the state Capitol but allowed in the adjoining office building.

The new rules package must be adopted by the full House before any changes go into effect, but Republicans easily have the votes to pass the package.



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Injury Report: Tennessee's Cade Phillips 'getting his chippiness back' despite shoulder injury

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Injury Report: Tennessee's Cade Phillips 'getting his chippiness back' despite shoulder injury


Tennessee Basketball’s injury report on Tuesday night once again listed only sophomore forward JP Estrella, who had season-ending foot surgery in November, as out for Wednesday’s game against Georgia. 

But the left shoulder injury for sophomore forward Cade Phillips isn’t going away. Phillips continues to wear a brace on the shoulder in practice and games, playing through pain while hesitating to the left arm he injured in the second half against Arkansas on January 4.

“Cade is tough as nails, that’s a good thing,” Tennessee assistant coach Lucas Campbell said before practice on Tuesday. “In the games he’s told me adrenaline takes over and he starts to just go.”

No. 6 Tennessee (15-1, 2-1 SEC) and No. 23 Georgia (14-2, 2-1) on Wednesday are scheduled for an 8 p.m. Eastern Time start (TV: SEC Network) at Food City Center. The Bulldogs listed all players as available on Tuesday’s injury report.

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Phillips scored four points in 10 minutes off the bench in the 74-70 win at Texas on Saturday night, going 2-for-3 from the field with four rebounds. He played just three minutes in the loss at Florida last Tuesday.

“He missed a bunny there (at Texas),” Campbell said. “I don’t know if that had to do with his shoulder or not, but he did a great job. He had a nice put-back dunk. 

“He’s getting his chippiness back. We need that. He’s probably the most physical big we have as far as hitting people.”

Cade Phillips suffered dislocated shoulder injury vs. Arkansas

Head coach Rick Barnes said Phillips “battled” through the injury at Texas.

“Really proud of Cade Phillips tonight,” Barnes said after the win at Texas. “Really proud. He went in the game and he battled. And his shoulder is not what it needs to be.”

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The ESPN2 broadcast of the Tennessee-Florida game described the injury as a dislocated shoulder. He has worn a brace on his left shoulder since suffering the injury.

Barnes said after the Arkansas game that Phillips could have played more in the second half after getting hurt, but the score didn’t make it necessary.

Cade Phillips averaging 15.9 minutes per game off the bench

Phillips is averaging 5.9 points and 4.1 rebounds in 15.9 minutes per game this season.

He was injured while chasing a loose ball in the second half against Arkansas, going to the Tennessee locker room briefly before returning to the floor. He finished the Arkansas game 11 minutes played.

The three minutes he played at Florida was a season low.

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“He wasn’t the same in terms of like the one lob he went up for,” Barnes said last week, “he didn’t even raise his left arm. He went up and tried to get it one-handed, which that’s one reason he didn’t play more.”

“Cade’s tough,” Barnes added. “He’s never going to complain. He’s just … I could tell he wasn’t normally what he is.”



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Tennessee General Assembly convenes for session expected to focus on voucher issue

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Tennessee General Assembly convenes for session expected to focus on voucher issue


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The 114th General Assembly gaveled in at the Tennessee state Capitol Tuesday for a legislative session expected to largely focus on education issues as Gov. Bill Lee seeks to push through a private school voucher proposal.

With few election shake-ups last fall, lawmakers returned to a legislature with little change in the status quo. Republicans still hold a strong supermajority, and prexisting leadership will preside over both chambers.

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Senate Republicans on Tuesday reelected Lt. Gov. Randy McNally, R-Oak Ridge, as Speaker of the Senate. Senate Democrats all abstained from the vote.

“Each General Assembly I’ve gaveled in seems to be better than the last,” McNally said.

In the House, Speaker Cameron Sexton, R-Crossville, also easily won reelection to lead the chamber. Democrats nominated House Minority Leader Karen Camper, D-Memphis, and unanimously voted for her. 

“The people of District 52 will not vote for an authoritarian!” Rep. Justin Jones, D-Nashville, yelled from his seat before casting his vote for Camper. 

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As Republican members called their votes for Sexton, a spectator yelled out “boo!” and “gross!” from the west gallery – prompting a chuckle from the sitting speaker, who stood to one side as the election was held. 

“I greatly appreciate all that voted for me today, and for those of you who didn’t, I do know some of you wanted to, and I understand that,” Sexton said. “Over the last five years, we’ve all learned a lot. My goal is to be more efficient, empower Tennesseans over the government and uphold our constitutional duty of public oversight.” 

Notably, some desks were rearranged on the House floor since last year. Jones and Rep. Justin Pearson, D-Memphis, who had previously been seated near each other and have frequently clashed with their Republican colleagues, were both moved. Pearson is now seated next to Rep. Vincent Dixie, D-Nashville, in a sea of Republican desks across the chamber from the Democratic caucus. Jones has been moved to the front, near the speaker’s dais.

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The House Select Committee on Rules convened later Tuesday afternoon to discuss proposed changes to the rules. Ahead of the meeting, proposed rules changes included a limit on the number of bills each member can propose, and a “three-strikes” rule proposing to permanently ban members of the public found to be disruptive from the gallery.

The initial weeks of a legislative session are often slow-moving as committees get settled and bills began to make their way through the legislative process. The Senate is expected to name committee assignments on Thursday. Many eyes will be on the appointment of the Senate Education Committee chair after former Sen. Jon Lundberg’s ouster last year in the GOP primary. The committee will prove pivotal in the voucher issue.

Advocates on both side of the issue mingled in the Capitol halls on Tuesday.

There are rumblings that Lee intends to call a special session in late January on his voucher bill.

The effort failed last year amid legislative gridlock. A special session call would allow lawmakers to narrow their focus on the issue, which could be tied to disaster relief funding for areas of East Tennessee.

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