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Three-judge panels striking down Tennessee laws the state legislature passes

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NASHVILLE, Tenn. (WTVF) — It's the latest in the power struggle between Nashville and state lawmakers: this week, a court invalidated a state law giving state officials more control over the board that runs Nashville's airport.

The courts looking at these types of cases are special three-judge panels created two years ago by the Republican-dominated state legislature.

But now those courts are routinely deciding against the laws the legislature passes.

The panels have jurisdiction over any lawsuit where a city in Tennessee sues the state, meaning instead of facing just one judge, a Democrat in Nashville, a city like Nashville would face three — including potentially two Republican judges from East and West Tennessee.

In September, House Speaker Cameron Sexton said the move would increase the chances the judges would rule in favor of the Republican-dominated legislature.

"I think it's working out to where I think we're getting a fairer shot," Sexton said at the time. "You're never gonna walk into court and anyone thinks they're automatically going to win, But we'll see. That's the judicial system."

But in fact, those three-judge panels have ruled against the state and with Nashville at least three times, including this week. Besides the Airport Authority case, the panels have struck down state laws involving construction at the Nashville Fairgrounds Speedway and slashing the size of Metro Council before this year's elections.

On Friday, Nashville Mayor Freddie O'Connell said he hopes Republicans are starting to understand what laws are constitutional and what laws aren't.

"My hope is Republicans are getting good legal guidance from judges," O'Connell said.

State Republicans say the option is always available to take the rulings from judges as guides for future legislation.