Tenn. House Bill Bans Expelled Reps. From Reappointment

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Facts

  • The bill previously passed the House State Government Committee by a vote of 14-5 nearly a year after Garrett led the expulsion of Democratic Reps. Justin Pearson and Justin Jones for violating House decorum rules.1
  • The vote in favor occurred even after the House legal counsel, Matt Munday, advised members that the bill may be unconstitutional, including because lawmakers are currently permitted to succeed themselves. But Munday said it may be up to a court to make a final determination.1
  • Jones and Pearson, who are Black, were expelled for their role in gun-control protests on the House floor. Democratic Rep. Gloria Johnson, who is White, also took part but escaped expulsion by one vote.2
  • Pearson and Jones were reappointed to their seats by their respective city councils. This bill, HB 2716, would prevent that scenario in the future.3

Sources: 1Tennessee Lookout, 2Associated Press and 3WKMS.

Narratives

  • Republican narrative, as provided by Tennessee Conservative. This bill is constitutional. It's preposterous to think that the founders of the state of Tennessee intended members who were expelled for bad behavior would be eligible to be reappointed to their seat. Opponents are free to challenge this bill in the courts, but they shouldn't be able to win.
  • Democratic narrative, as provided by BollyInside. This partisan bill is a classic case of GOP government overreach. Republicans are clearly passing this as retaliation against lawmakers who were lawfully returned to their positions after a racially charged vote to expel them and violate their freedom of speech rights. This won't withstand a court challenge.

Predictions