TN passes bill limiting lawsuits against the state

NASHVILLE — The Tennessee General Assembly passed a controversial measure Thursday which restricts when citizens can sue the state over laws they find unconstitutional. The bill would require someone to first be injured, harmed or otherwise affected by a state law before having standing to sue the state over that law. Current code allows Tennesseans to petition the courts for relief from a law based on the law's legality or constitutionality. The legislation would not change how suits are brought against ordinances passed by local governments. The measure has seen significant opposition from Republicans and Democrats alike, who argue it would give citizens less power to hold the state accountable over laws they find unconstitutional. Despite the pushback, the bill passed by slim margins in both the House and Senate. Pending Gov. Bill Lee's signature, the bill is poised to become law. The bill's sponsor, Sen. John Stevens, R-Huntingdon, said the legislation will address a "black hole" of litigation that has been brought against the state under current statute. Stevens said out-of-state political advocacy groups have been able to use Tennessee's courts to dismantle laws they disagree with. Others, though, say the current law is a crucial component of holding the legislative branch accountable. In a letter sent to the Johnson City Press, Danielle Goodrich, chair of the Washington County Republican Party, said the legislation "forces citizens to take the hit first." "Preventing unconstitutional action before it happens is one of the most important tools citizens have to hold government accountable," Goodrich wrote. "Waiting until after the fact does not preserve liberty—it merely offers a chance to clean up the aftermath." Goodrich concluded with a call for Northeast Tennessee's legislators to vote against the legislation. State Sen. Bobby Harshbarger, R-Kingsport, and state Sen. Rusty Crowe, R-Johnson City, were two of five Senate Republicans to break ranks Thursday and vote against the legislation. In the House, state Rep. Timothy Hill, R-Blountville, also opposed the legislation. In a Senate committee last week, Harshbarger said his constituents have voiced concerns about the potential for the bill to hinder their ability "to seek justice from the state." The bill challenges legislation spearheaded by former state Rep. John Lundberg, a Bristol Republican. That legislation passed the state Senate in 2018 with unanimous approval. "The intention when we passed this bill was to open up a small pathway for some additional lawsuits on some regulatory reform," said House Majority Leader William Lamberth, R-Portland, during discussion on the House floor. Lamberth and the bill's House sponsor, state Rep. Andrew Farmer, R-Sevierville, voted for the legislation in 2018, along with more than three-quarters of the state House. "Unbeknownst to us, it blew an entire hole in the side of how lawsuits are brought in this state," Lamberth said.