Urgent Call to Action: Protect Your Right to Challenge Unconstitutional Laws
- Legislative Republicans trying to block rights of citizens to bring constitutional challenges to state statutes!
Tennessee State Senator John Stevens and House Member Andrew Farmer are pushing a bill that would gut the constitutional rights of citizens to challenge or even question the constitutionality of state statutes. They are pushing
Senate Bill 1958 / House Bill 1971 on this issue.
They are proposing changes that:
- Eliminate an existing statutory pathway allowing affected persons to challenge the constitutionality of state statutes via declaratory judgment
- Block causes of action aimed at questioning the validity or constitutionality of any state statute
- Reinforce sovereign immunity barriers, limiting actions against state officials on constitutional grounds
This measure would shield unconstitutional laws from review, undermining the role of the courts — including the Tennessee Supreme Court — as a constitutional check on legislative power.
In their proposed legislation they delete an existing state law which expressly provides for any affected person to challenge the constitutionality of a state law by seeking a declaratory ruling. It also blocks actions against state officials on constitutional grounds. The proposed change makes this statement:
SECTION 3. Tennessee Code Annotated, Title 1, Chapter 3, is amended by adding the
following as a new section:
(a) Notwithstanding another law to the contrary, a cause of action exists under
this section for any affected person who seeks declaratory or injunctive relief in any
action brought regarding the legality or constitutionality of a governmental action of only
a political subdivision of this state. A cause of action does not exist under this section:
(1) To seek damages; or
(2) To challenge the validity or constitutionality of any state statute.
(b) This section does not authorize a cause of action against, or waive the
sovereign immunity and privileges of, the state, state entities, or state officials.
https://wapp.capitol.tn.gov/apps/BillInfo/Default?BillNumber=SB1958
This legislation is a clear effort by Republican state legislators and
supported by the Tennessee Attorney General Jonathan Skrmetti to circumvent and infringe the rights of citizens to challenge the constitutionality of legislative action. It also apparently seeking to neuter the ability of the Tennessee Supreme Court and its lower court's to rule on whether legislators have exceeded constitutional boundaries or acted unlawfully.
The bill has already passed a House subcommittee with "yes" votes from House members Davis, Farmer, Garrett, Russell, Stinnett, and Todd.
The bill is scheduled to be heard on February 17 in the Senate Judiciary when it is presented by Senator John Stevens, a member of that committee. Members of the
Senate Judiciary who could potentially stop this legislation include
Sen. Todd Gardenhire sen.todd.gardenhire@capitol.tn.gov
Sen. Kerry Roberts sen.kerry.roberts@capitol.tn.gov
Sen. Paul Rose sen.paul.rose@capitol.tn.gov
Sen. Bobby Harsbarger sen.bobby.harshbarger@capitol.tn.gov
Sen. Sara Kyle sen.sara.kyle@capitol.tn.gov
Sen. London Lamar sen.london.lamar@capitol.tn.gov
Sen. Brent Taylor sen.brent.taylor@capitol.tn.gov
Sen. Dawn White sen.dawn.white@capitol.tn.gov
Sen. John Stevens sen.john.stevens@capitol.tn.gov
Your message to these legislators could be something as simple as:
“Please oppose SB1958/HB1971. Tennesseans must retain the right to challenge unconstitutional statutes and hold government accountable. Judicial review is essential to preserving constitutional limits and individual liberties.”
This is not a partisan issue — it is a constitutional governance issue:
- The right to petition the courts
- The separation of powers
- The rule of law
If citizens lose the ability to challenge unconstitutional statutes, constitutional protections become unenforceable in practice. And, the potentially for tyranny in the legislature goes unchecked.
