HISTORY IN WASHINGTON THIS WEEK; COURT RULING NEGATES TENNESSEE SENATE REDISTRICTING PLAN THROWING SENATE ELECTIONS INTO LIMBO TEMPORARILY; CONGRESSIONAL CANDIDATE RESIDENCY BILL UNSIGNED BY QUALIFYING DEADLINE SO IT WON’T IMPACT THIS YEAR’S PRIMARIES; AS A NEW ETHICS BILL BEGINS TO MOVE IN LEGISLATURE, IS THERE ENOUGH TIME FOR IT TO PASS BEFORE SESSION ENDS? METRO COUNCIL CENSURES ONE OF ITS OWN AND CONDEMNS ACTIONS OF THE NASHVILLE AREA CHAMBER OF COMMERCE; A POLITICAL OVERVIEW ON INSIDE POLITICS; TRENDS THIS WEEK IN THE WAR IN UKRAINE;
HISTORY IN WASHINGTON THIS WEEK
A vote in the U.S. Senate on Thursday afternoon made history.
Soon the nation’s highest court will more closely resemble the rich racial and gender diversity of the rest of this nation.
By a vote of 53-47, Appeals Court Judge Ketanji Brown Jackson was confirmed to be a Justice on the U.S. Supreme Court. She is the first Black woman to serve on the Court in its over 230- year history.
The 53-47 vote may not sound like bipartisan approval. But in highly polarized Washington these days, it is. Three Republican Senators (Romney, Collins and Murkowski) showed political courage to cross the aisle to support Jackson. She won approval after she survived the blood sport fight between Republicans and Democrats that has marked every Supreme Court nomination process the last few years.
With soon-to-be Justice Jackson joining the High Court, the nine members will now include, for the first time, two Black Americans and four women.
While there is a celebration at the White House over the vote which fulfills a campaign pledge by President Joe Biden, it will still be a few months before we see Ketanji Brown as an active Justice on the Court.
But we will see the impact of this week’s Senate vote and her presence on the Court for many years to come.
COURT RULING NEGATES TENNESSEE SENATE REDISTRICTING PLAN THROWING SENATE ELECTIONS INTO LIMBO TEMPORARILY
The qualifying deadline to run in the August primary elections was Thursday, April 7.
But rather than the candidate deadline bringing clarity to what lies ahead, a court decision late Wednesday threw State Senate elections into limbo. A three-judge panel of Chancery jurists from across the state voted 2-1 that the redistricting plan approved for the State Senate is unconstitutional. The court found the plan is illegal because the Tennessee Constitution requires that if any county has more than one Senate representative, their districts must be numbered consecutively. In Davidson County, they are not, although that apparently was done in other large counties in the state.
The judges gave the legislature 15 days to come up with a new plan to fix the problem and moved back the qualifying deadline for Senate races to May 5. If the legislature doesn’t act, the court says it will impose its own temporary plan.
Of course, the State will appeal the ruling, going directly to the State Supreme Court. Lt. Governor Randy McNally, the Speaker of the Senate, in a statement says he “firmly disagrees with the court’s ruling, adding “the Senate map was fair, legal and vetted by multiple attorneys.’ But McNally also says “the Senate will start work on an alternative map so it can be passed in the allotted time frame if it becomes necessary” (i.e., the appeal being led by the State Attorney General fails).
The court ruling comes in a lawsuit brought by two local voters with the backing of the State Democratic Party. The suit also challenges the House redistricting plan, but the court did not address that issue, indicating the House plan will be subject to further court pleadings and hearings. A challenge to the controversial Congressional redistricting of Tennessee’s nine House seats, including breaking up Nashville’s long-time Democratic 5th congressional district into 3 Republican-leaning districts, has not been challenged in court.
There is some political irony in the court’s decision. The Republican Super Majority has been angry with past Chancery Court decisions coming out of Nashville, handed down by what they say are activist, liberal judges. Because Nashville is the state capitol, many suits against the state are filed here. GOP lawmakers recently changed the law so that, Chancery suits filed against the state, are now heard by a three-judge panel from across Tennessee. But in perhaps the highest-profile case heard so far by one of these three-judge panels, the ruling is hardly what Republicans hoped would be the outcome.
In resolving this issue by correctly renumbering the Senate districts, will that mean incumbent lawmakers who didn’t think that had to run this year, may have to do so? That's because Senate elections are held every two years with all the even number seats on the ballot one election year, then the odd number seats two years later.
This might be an issue for Nashville Senator Heidi Campbell, who is in the middle of a 4-year term she won in 2020. Since she wasn’t running for reelection this year, it appeared it was safe for her to run (she didn’t have to give up her seat) to run for the new 5th congressional district. But if the revised new Senate map changes her seat number, may Campbell have to decide which race she wants to be in — Congress or re-election to the State Senate? And what about the language in the Tennessee Constitution that Senator's terms are for 4 years?
Stay tuned.
CONGRESSIONAL CANDIDATE RESIDENCY BILL UNSIGNED BY QUALIFYING DEADLINE SO IT WON’T IMPACT THIS YEAR’S PRIMARIES
There was another major development late this week impacting the August primaries.
A bill passed by the General Assembly to require a three-year residency requirement for federal candidates appears to be moot for this election. That is because Gov. Bill Lee did not sign the bill into law before the qualifying deadline of noon Thursday.
The failure to sign the measure means new Tennessean (as of 2021) and former State Department spokesperson Morgan Ortagus (endorsed by former President Donald Trump) can run in the Republican primary for the new 5th Congressional District. However, her candidacy could still be challenged by complaints lodged with the State Republican Executive Committee that Ortagus, and perhaps others, are not bona fide Republicans and are in violation of a party rule, which requires its candidates to have voted in recent GOP primaries in the state. It is unclear if or when the Executive Committee might act on this matter.
There is a lawsuit filed to strike down the 3-year residency requirement law as unconstitutional (if Governor later signs the bill or lets it become law without his signature). That suit was brought by voters who say they are Ortagus supporters, so they may or may not pursue the matter if their candidate can run. There were constitutional questions raised throughout the legislative debate on the bill. The argument is only Congress can set requirements to be a member and a residency of three years is not one. Therefore, there could be legal action filed before the next congressional contests in 2024., if the measure is on the books.
Another development in the 5th congressional district primary this week found former Tennessee Speaker of the House Beth Harwell announcing that in the five weeks she has been in the race she has already raised nearly $350,000.
AS A NEW ETHICS BILL BEGINS TO MOVE IN LEGISLATURE, IS THERE ENOUGH TIME FOR IT TO PASS BEFORE SESSION ENDS?
With the final days of the 112th Tennessee General Assembly looming just ahead, and amidst a widening federal corruption probe, can a new ethics bill, that just began moving in committee this week on Tennessee’s Capitol Hill, pass before lawmakers go home for the year? The new bill, which focuses on political action committees and campaign finance, two matters at the heart of the federal investigation, has a tough deadline to beat as committees will be shutting down within the next couple of weeks.
But the top leadership in both houses are supporting the measure, and lawmakers are likely looking to have something positive to point to address this growing corruption scandal as they seek re-election from the voters.
Stay tuned. And remember nothing is certain about passing any legislation until the votes are on the board.
Meanwhile, NEWSCHANNEL5 INVESTIGATES’ Phil Williams continues to tell it like it is in his REVEALED series. That’s true in his latest story on how lawmakers and lobbyists can stretch the truth (some would say, lie) to get their legislation approved. The story Phil relates outlines efforts to pass a bill to undo local regulation of short-term rentals in Nashville.
You would think our elected officials read and understand the bills they are seeking to pass. But in the case of legislation being filed to limit same-sex marriages, the sponsors failed to place the verbiage of existing state law placing age requirements to be married in Tennessee. Oops!
The bill started getting less than favorable national media coverage. Realizing their goof, and before every preconceived notion is revived that Tennessee is a very backward state, an amendment is being drafted. But the bill’s original intent to stop same-sex marriage is still getting opposition and will likely be challenged in federal court if passed.
The final days also see some controversial legislation fall by the wayside. This week it was the bill targeting “obscene” books and other materials in school libraries. After passing in the House, the bill ran into trouble and was effectively killed in the Senate after being sent for summer study.
Regarding a related bill passed earlier in the session, the new “age-appropriate” law pushed by Gov. Bill Lee is already seeing a book app temporarily removed from circulation in Williamson County schools over a book about social justice.
As for Governor Lee’s top legislative priority, a new K-12 funding formula, it passed in a couple of House committees, but for the second week in a row, it was discussed in a Senate committee but not taken up for a vote.
METRO COUNCIL CENSURES ONE OF ITS OWN AND CONDEMNS ACTIONS OF THE NASHVILLE AREA CHAMBER OF COMMERCE
For only the second time in its 59-year history, the Metro Council on Tuesday night voted 33-0 with 2 abstentions to censure 1st District Councilman Jonathan Hall for multiple failures to comply with financial disclosures required of local election officials.
The only other time the 40-member body censured one of its own was in the early 1970s. That was when Donelson Councilman Jack Clariday was convicted in a bribery scandal related to a zoning matter.
Many councilmembers expressed sadness and regret the situation had led to the Hall’s censure. There were efforts to defer the matter until August or to withdraw the censure resolution. But the full Council overwhelmingly rejected doing that.
Immediately after the Hall censure resolution was approved, the Council voted 23-1 to “condemn the Nashville Area Chamber of Commerce’s efforts to subvert democracy and eliminate the people’s voice in determining who serves on the Metropolitan Nashville Board of Education.” The strongly-worded resolution is the result of a bill before the Legislature is strongly supported by the Chamber. The measure would change the selection process of Metro School Board members from a vote of the people to an appointment by the Mayor.
Some Council members were particularly displeased. They say while the Chamber wants to disenfranchise voters, the organization continues to enjoy an annual six-figure contract, funded by taxpayer dollars, to provide economic development and marketing services for the city. That contract is approved by the Council every June. These council members say they will seek to end the contract when it approves the city budget later this spring.
Meanwhile, the School Board bill that has invoked this controversy, looks unlikely to pass on the Hill this year
A POLITICAL OVERVIEW ON INSIDE POLITICS
With the midterms elections looming ahead, our national politics continue to be one of division in Washington and across the country.
To join us on INSIDE POLITICS to discuss what is happening and what lies ahead are two of our favorite political analysts, Democrat Larry Woods and Republican Steve Gill.
Of course, we will also discuss some of the major Tennessee election developments from this week too.
INSIDE POLITICS airs several times each weekend on NEWSCHANNEL5 PLUS. Those times include:
7:00 p.m. Friday.
5:00 a.m., 3:00 p.m. and 5:30 p.m. on Saturday.
1:30 a.m. & 5:00 a.m. on Sunday.
THE PLUS is on Comcast Cable channel 250, Charter Cable channel 182 and on NEWSCHANNEL5’s over-the-air digital channel 5.2. We are also on DISH TV with the rest of the NEWSCHANNEL5 NETWORK.
One option for those who cannot see the show locally or who are out of town, you can watch it live with streaming video on NEWSCHANNEL5.com. Just use your TiVo or DVR, if those live times don't work for you
This week’s show and previous INSIDE POLITICS interviews are also posted on the NEWSCHANNEL5 website for your viewing under the NEWSCHANNEL5 PLUS section. A link to the show is posted as well on the Facebook page of NEWSCHANNEL5 PLUS. Each new show and link are posted early in the week after the program airs.
Finally, I am now posting a link to the show each week here on my own Facebook page, usually on the Monday or Tuesday after the show airs.
TRENDS THIS WEEK IN THE WAR IN UKRAINE
We are beginning the seventh week of the war between Ukraine and Russia. The smaller country invaded by its super- power neighbor continues to more than holds its own in the conflict. But a larger test may be coming as Russia seems poised to launch a new offense sin the south and the east after retreating and reconfiguring its troops after its efforts to conquer Ukraine’s capitol and other large cities failed.
But as the Russians retreated there was even more strong evidence that this now outlaw nation has committed many war crimes, as executed civilians and other outrages were discovered when Ukrainian forces took back territory their enemy gave up with their retreat.
These discoveries have led to yet more sanctions and actions by the U.S. and others to isolate and ostracize Russia. Those actions include the United Nations General Assembly suspending Russia from its Human Rights Council. Russia then quit. It is only the second time such a move has occurred (Libya was kicked out a few years ago). There are also calls to kick Russia off the U.N. Security Council where it holds veto power. That seems less likely to happen even though the evidence of Russian war crimes is now so strong, China expressed concerns this week, although it has still not criticized its ally.
In terms of sanctions, President Biden announced still more banking restrictions as well as sanctions on Russian oligarchs and top officials. Even two of President Valdimir Putin’s adult daughters have been targeted. They are believed to have been given a large amount of their father’s wealth.
The U.S. Senate voted 100-0 to move towards cutting off trade with Russia as well as banning oil imports. This has been one area of the Russian economy that, so far, the Biden administration has refrained from sanctioning, because of the fear that doing so might hurt the U.S. and its allies as well as lead to a worldwide recession or a Russian reaction that might widen the war.
But with Putin and Russia grossing over a billion dollars a day from its oil and gas sales, to help keep funding and fighting the war, pressure continues to build on the President to act in this area.
The U.S. and NATO’s efforts to supply weapons and other aid, as well as training the Ukraine military to use more sophisticated weapons systems seems to be working better as time goes by. But Ukraine says it need more. NATO sanctions to ban Russian coal and other commodities continue to gain support, even as a small number of Republican House members in this country vote against resolutions to support Ukraine and NATO.
The total war efforts by the Russians against civilian populations continue to take a heavy toll on deaths and destruction, especially among children. Many are trapped in war-torn areas and can’t escape. Efforts to get them out or get humanitarian supplies to them have been successful only sporadically at best. Russia is also attacking those trying to flee with a train station filled with civilians trying to leave bombed with a significant loss of life and many injuries.
