The week in politics: Tennessee scrambles to appeal trans youth lawsuit ruling
A federal judge on Friday denied a request to stay his own ruling after he temporarily blocked part of Tennessee's transgender youth health care ban.
U.S. District Judge Eli Richardson this week halted the state from implementing a ban on medication treatment for gender dysphoria, which was set to go into effect on July 1. Richardson found that the law is likely unconstitutional, though the lawsuit against the state will go to a full trial.
The Tennessee Attorney General's office, along with two outside lawyers contracted to assist with the case, motioned Richardson to either stay his own ruling or "quickly" deny their request so the state can appeal the order in the 6th Circuit.
Richardson denied the request, clearing the way for Tennessee to ask the appellate court for a stay as they seek an appeal.
Court halts ban: Court halts Tennessee's ban on gender affirming care, at least for now
The plaintiffs, a group of Tennessee transgender youths and their families, did not respond in court to the state's attempts at stalling the stay. Attorneys on Wednesday said Richardson's ruling acknowledged the "dangerous implications" of Tennessee's law.
“This law is an intrusion upon the rights and lives of Tennessee families and threatens the futures of trans youth across the state," ACLU of Tennessee staff attorney Lucas Cameron-Vaughn said. "We are determined to continue fighting this unconstitutional law until it is struck down for good. And to trans youth and their families: we see you, and we will not stop until all trans Tennesseans have the care and support they need to thrive.”
Sen. Jack Johnson, R-Franklin, sponsored the bill and said he was "extremely disappointed" by Richardson's Wednesday ruling.
"I have complete faith that the legislation we passed is constitutional," Johnson said in a Wednesday statement. "I appreciate Attorney General Skrmetti's commitment to vigorously appeal this decision -- all the way to the Supreme Court if necessary."
Richardson, who was appointed to the bench by former President Donald Trump, found Tennessee's defense of its law unconvincing and lacking medical evidence.
"Free advice: if you don’t want an discriminatory law you authored to be overturned by the judiciary, maybe don’t write and pass a blatantly unconstitutional law in the first place," House Democratic Caucus Chair John Ray Clemmons, D-Nashville, tweeted.
Richardson's preliminary injunction prevents the state from enforcing a ban on gender-affirming medication treatments, such as puberty blockers and hormone therapies. Tennessee can enforce a ban on gender transition surgical procedures and a private right of action that allows former patients to sue doctors.
Another pending law blocked, for now
A three-judge panel temporarily blocked another law slated to take effect on July 1, pumping the brakes on a new statute that prohibits teacher association dues from being voluntarily deducted from paychecks.
The Tennessee Education Association, Knox County, Lawrence County and Metropolitan Nashville education associations, along with two Tennessee teachers, sued the state in Davidson County Chancery Court earlier this month. Gov. Bill Lee and interim Education Commissioner Sam Pearcey are named in the suit.
The judges didn't rule on any merits of the lawsuit, but issued a temporary restraining order on the law before a July 13 hearing.
The dues provision was an unexpected inclusion in a budget bill aimed at raising the statewide teacher pay rate to a minimum of $50,000 per year by 2027. Some Democrats during session slammed the clause as a "poison pill" to the teacher pay raise legislation.
Related: Tennessee education associations sue state over dues deduction ban
State sues 3M, which received state incentive funds
Tennessee is suing more than 20 PFAS manufacturers including 3M, DuPont and Chemours, accusing them of advertising and selling products that contain harmful chemicals, Tennessee Attorney General Jonathan Skrmetti announced in a statement Thursday.
"PFAS are 'forever chemicals' that are accumulating in our bodies and our kids' bodies. Manufacturers continued to produce and profit from these chemicals long after they were aware of the dangers," Skrmetti said in a statement. "We will hold them accountable."
Skrmetti's aim is to obtain "serious compensation" from each of the defendants to prevent environmental and health harms associated with the chemicals.
However, at least one of the named defendants in the lawsuit has received millions in state economic incentive funding. Last January, 3M received a $4.4 million FastTrack incentive from the Tennessee Department of Economic and Community Development for its expansion in Anderson County.
Campbell calls for audit of federal pandemic funds compliance contractor
Sen. Heidi Campbell, D-Nashville, is calling for an audit of a state contractor hired to outsource accounting and compliance for federal COVID-19 relief.
Tennessee received $383.4 million in federal pandemic relief funds to be used for rental assistance. Tennessee Housing Development Agency has paid Horne, LLP more than $26 million to process applications, determine applicant eligibility, and assist landlords for the state's pandemic rent relief program through an emergency sole-source contract first agreed during the pandemic.
THDA was unable to provide The Tennessean with the amount of federal funds that it disbursed from the federal program, subject to federal audit, when reached Thursday.
During a meeting of the Fiscal Review Committee on Wednesday, Campbell, who is running for mayor in Nashville, said the agency should have done a better job administering federal rent assistance aid. She criticized officials for returning significant rent relief funding back to the federal government, unspent, while Tennessee families remained in need.
Applications for the state's federally-funded rent relief program closed on May 15.
"I first heard about Horne from constituents who were telling me that they were not able to get rental relief, and then I found out that we had been actually returning a good deal of the federal funds that were given to us for rental assistance through the pandemic," Campbell said. "When a corporation or entity with whom we are dealing is not being a good actor in general, I find it a little bit disconcerting."
"An audit might be a good idea here," she added. "I'm a little bit concerned about how they're working in other facets of operations within our government."
Lawmakers approved extending the state's contract with Horne for another year on Wednesday, as the state continues to spend and account for federal funding. All federal pandemic funding is subject to audit to ensure compliance with relief standards.
Sevierville Buc-ees grand opening draws convention of state officials
Tennessee is now home to the largest Buc-ees travel store in the country – and its grand opening event drew a veritable who's who of federal, state, and local GOP officials to Sevierville for a ribbon cutting photo op on Monday morning.
The Texas-based chain is known for its outlandish beaver-themed food and travel amenities, including house-made barbecue, fudge, and "Beaver Nuggets" – crunchy corn puffs with a brown sugar caramel coating.
Gov. Bill Lee was joined by Sen. Marsha Blackburn, Sen. Bill Hagerty, Congresswoman Diana Harshbarger, and state House Majority Caucus Chair Jeremy Faison, R-Cosby, in addition to an extensive smattering of local officials. Lee touted the travel stop's grand opening as "just one more way Tennessee is leading the nation" in a tweet Wednesday.
"I had a BBQ Sandwich, I had part of a brisket sandwich – I actually had about three different types of things they offered – it’s a great place to be," Lee told reporters Tuesday morning. "It was exciting to be there, too. It’s the biggest Buccees in the country. The founder was there. And it was, kind of one more example of why Tennessee is a place that people are wanting to be based.”
Catch up on the week:
Belmont University cancels Promise Keepers event, sparking debate
Franklin alderman ethics hearing set over complaint about Juneteenth event to airport leader
Tennessee reaches lowest number of distressed counties. Here are the counties remaining on the list.
Court halts Tennessee's ban on gender affirming care, at least for now
Nashville mayoral race 2023: See who has endorsed the candidates
On the campaign trail: Candidates weigh in on who should control the school board
Tennessee Gov. Bill Lee completes first international trade mission since pandemic
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This article originally appeared on Nashville Tennessean: Week in politics: TN scrambles to appeal trans youth lawsuit ruling
