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tennessee expulsions
Schumer and Warnock Lead Call for DOJ to Probe Expulsion of Tennessee Democrats
Senate Democrats are asking U.S. Attorney General Merrick Garland to "use all available legal authorities" to determine whether the U.S. Constitution or federal civil rights laws were violated and "take all steps necessary to uphold the democratic integrity of our nation's legislative bodies."
Apr 12, 2023
U.S. Senate Democrats on Wednesday sent a letter urging the U.S. Department of Justice to investigate the recent expulsion of two Tennessee Democratic lawmakers to determine whether the widely condemned move was unconstitutional or otherwise unlawful.
Tennessee House Republicans have been roundly denounced since voting last Thursday to expel state Reps. Justin Jones (D-52) and Justin Pearson (D-86), with critics arguing that the removal of the Black progressive lawmakers—the state's first partisan expulsion since 1866—exemplifies the GOP's growing antagonism toward democracy.
A week before they were ousted and their combined 150,000 constituents were deprived of elected representation, Jones and Pearson had joined protesters in disrupting a floor session to demand gun control in the wake of last month's deadly school shooting in Nashville. State Rep. Gloria Johnson (D-13), who is white, also participated in the demonstration but was spared the same fate by one vote.
Wednesday's letter, the first formal effort by U.S. senators to respond to the expulsions, asks U.S. Attorney General Merrick Garland to "use all available legal authorities" to determine whether the U.S. Constitution or federal civil rights laws were violated and "take all steps necessary to uphold the democratic integrity of our nation's legislative bodies."
The letter, led by Senate Majority Leader Chuck Schumer (D-N.Y.) and Sen. Raphael Warnock (D-Ga.), was co-signed by Democratic Sens. Chris Murphy (Conn.), Alex Padilla (Calif.), and Brian Schatz (Hawaii).
As The Washington Postreported:
The senators argue that the removals may have violated Jones' and Pearson's First Amendment rights to free speech and assembly, the rights of citizens of Memphis and Nashville to be represented by the legislators of their choice, and rights the pair have under the 14th Amendment or civil rights statutes prohibiting discrimination on the basis of race.
[...]
The letter cites the Supreme Court's unanimous 1966 ruling in Bond v. Floyd as a potential precedent to draw from in arguing that the expulsions in Tennessee were unlawful. In that case, the high court found that the Georgia House of Representatives' refusal to seat a Black lawmaker, Julian Bond, over his stance on the Vietnam War was unconstitutional.
In their letter, Senate Democrats praised Jones and Pearson for "courageously participating in nonviolent demonstrations" that "challenged procedural rules."
"We do not believe that breaking decorum is alone sufficient cause for employing the most draconian of consequences to duly elected lawmakers," the senators wrote. "This is undemocratic, un-American, and unacceptable, and the U.S. Department of Justice should investigate whether it was also unlawful or unconstitutional."
Laurence Tribe, a professor emeritus of law at Harvard University, told the Post that "there are some who would try to distinguish Georgia's exclusion of Bond for his speeches about the war outside the legislative chamber from Tennessee's repressive and vindictive expulsion of two duly elected members for their robust expressions of views in the well of the chamber in alleged violation of its rules of decorum."
"But to me, that is a distinction without a difference," added Tribe. The legal scholar is far from alone in opposing Tennesee Republicans' retaliatory act.
"We cannot allow states to cite minor procedural violations as pretextual excuses to remove democratically elected representatives."
A USA Today/Ipsos survey conducted Friday through Sunday found that three-fourths of U.S. adults—including 62% of Republicans—believe Americans, including lawmakers, have the right to peacefully protest in state houses.
Reporting on the poll Tuesday, USA Today noted that "a 51% majority call the expulsions an anti-democratic abuse of power, compared with 42% who view them as an appropriate way to discipline lawmakers."
Moreover, "in the wake of school shootings, two-thirds say state legislatures should enact stricter controls on gun purchases," the newspaper pointed out.
Stronger gun laws, after all, are precisely what Jones, Pearson, and Johnson, along with hundreds of concerned citizens, were calling for during the March 30 protest in the Tennessee State Capitol.
Alluding to the March 27 shooting at Nashville Covenant School that left three adults and three children dead, the Senate Democrats wrote Wednesday that this "tragedy shattered hearts across our country and galvanized Americans—particularly young Americans in Tennessee—to peacefully demand their legislators act."
"These deeply moving expressions of democratic participation follow America's long tradition of peaceful, nonviolent protest, perfected during the struggles and triumphs of the civil rights movement," the letter says.
"Silencing legislators on the basis of their views or their participation in protected speech or protest is antithetical to American democracy and values," the letter continues. "We cannot allow states to cite minor procedural violations as pretextual excuses to remove democratically elected representatives, especially when these expulsions may have been at least partially on the basis of race. Allowing such behavior sets a dangerous—and undemocratic—precedent."
"We are deeply concerned that without immediate action by the U.S. Department of Justice, anti-democratic actors will only be emboldened, and we will see more troubling and more frequent incidents meant to unravel our democratic fabric," the senators concluded. "Thank you for your work to protect our democracy."
Jones and Pearson were reappointed to the Tennessee Legislature by the Nashville Metropolitan Council and the Shelby County Board of Commissioners on Monday and Wednesday, respectively.
There are lingering fears, however, that the Tennessee GOP, which has defended and fundraised off the expulsions, could engage in further retaliation against Jones and Pearson. Attorneys for both men have warned the state's Republican lawmakers against doing so.
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We Are 'Just Beginning,' Tennessee GOP Boasts in Fundraiser After Expelling Democrats
The willingness of Republicans "to expel democratically elected Democrats for minor-verging-on-made-up infractions portends a terrifying new development," warned one journalist.
Apr 07, 2023
The Tennessee Republican Party waited less than 24 hours to start fundraising off the expulsion of two progressive lawmakers from the state House—openly bragging Friday about what critics have called a blatantly anti-democratic move that shows the party's growing authoritarianism.
State Reps. Justin Jones (D-52) and Justin Pearson (D-86) are two of three Democrats who joined protesters in interrupting a floor session on March 30 to demand gun control in the wake of last week's deadly school shooting in Nashville. Tennessee House Republicans on Thursday voted to expel both Black men from the chamber while a vote to expel their colleague Rep. Gloria Johnson (D-13), who is white, fell short.
In a Friday fundraising email, the Tennessee GOP said: "Their adolescence and immature behavior brought dishonor to the Tennessee General Assembly as they admitted to knowingly breaking the rules. Actions have consequences, and we applaud House Republicans for having the conviction to protect the rules, the laws, and the prestige of the State of Tennessee."
"Our fight is just beginning," the email concludes.
\u201cNow, @TNGOP is fundraising off of yesterday's expulsion votes in the Tennessee House: "We must stand strong... our fight is just beginning."\u201d— Phil Williams (@Phil Williams) 1680886343
Progressives members of Congress had already denounced Tennessee Republicans for engaging in what U.S. Rep. Summer Lee (D-Pa.) called "straight-up fascism in its ugliest, most racist form" before the fundraising email emerged.
Now, the Tennessee GOP is portraying the state's first partisan expulsion since the Civil War era as upholding "the rule of law" and is trying to capitalize on it.
Slate's Alexander Sammon warned that Thursday's vote "is a chilling portent of the future of Republican governance and the state of democracy nationwide."
"While Republicans have focused on gerrymandering and voter suppression as the primary prongs of their assault on democracy (as well as the occasional insurrection attempt)," he noted, "the willingness to expel democratically elected Democrats for minor-verging-on-made-up infractions portends a terrifying new development."
In a Friday statement, Public Citizen president Robert Weissman condemned Tennessee House Republicans for "summarily ending" the current terms of Jones and Pearson and "depriving their constituents of duly elected representation."
"This was a racist and disproportionate act of retaliation against legislators who had joined demonstrators chanting in the chamber, in protest of Republican refusal to adopt commonsense gun control measures in the wake of the March 27 school shooting in Nashville," said Weissman, who called Tennessee Republicans' move "flagrantly anti-democratic."
"American democracy is in a profound crisis... What just happened in Tennessee is yet another reminder of the perilous state of our country."
"In modern American history, expulsion of state legislators is very rare—not just in Tennessee but throughout the United States, and rightfully so. Legislators should expel elected officials only in extreme circumstances, not over policy differences or impingements on decorum," he continued. "Legislative supermajorities already have enormous power; when they wield that power to strip away even the offices of the minority, they are treading on very dangerous ground."
As Weissman pointed out, "Some Tennessee legislators—and a lot of MAGA commentary online—are un-ironically calling the state representatives' chanting an 'insurrection.'"
"Of course, the United States did witness a real insurrection on January 6, 2021," said Weissman. "Not one member of Congress was expelled for promoting [former President] Donald Trump's patently false claims that the 2020 election was 'stolen' from him or for supporting the attempted coup carried out at Trump's behest. Only 10 Republicans in the U.S. House of Representatives would vote to impeach Trump in the immediate aftermath of the insurrection, and only two of them were able to get re-elected."
"American democracy is in a profound crisis, riven by lies, right-wing extremism, conspiratorial thinking, and subservience to corporate and special interests, and racism," Weissman stressed. "What just happened in Tennessee is yet another reminder of the perilous state of our country."
Nevertheless, he continued, "a hopeful future is also a visible feature of our nation, demonstrated in the courage and principle of the targeted representatives... and the energy and commitment of the protesters—overwhelmingly young people—demanding justice and commonsense gun regulation."
"This is a powerful reminder that democracy does not die easily," Weissman added. "Indeed, the energy in Tennessee will help inspire and power the nationwide movement not just to defend but to expand and deepen our democracy, and we are committed to rising to the occasion, and being part of this movement to make our country a more just and equitable place for all."
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Jones Says He Will Fight 'Unconstitutional' Expulsion as Reinstatement Votes Loom
"It wasn't about us, it was about expelling the voices of those young people, expelling a movement," the former Tennessee state lawmaker said. "They've done the opposite."
Apr 07, 2023
Former Tennessee State Rep. Justin Jones said Friday that he intends to challenge his expulsion in the courts and at the ballot box amid uncertainty about the path ahead for him and fellow removed Rep. Justin Pearson, whose decision to stand in solidarity with constituents protesting the scourge of gun violence drew national attention and praise.
In an appearance on MSNBC's "Morning Joe," Jones said he believes his expulsion Thursday at the hands of Tennessee House Republicans was "unconstitutional" and that he's exploring legal action.
The Nashville Democrat also said he'll be watching the proceedings of his city's 40-seat Metro Council, which is scheduled to meet on Monday to decide on who will fill the vacancy left by Jones' expulsion until a special election for the seat is held.
Jones is eligible to run in the special election, whether or not he's reappointed by the Metro Council.
While more than a dozen members of the Nashville council have said they would support reappointing Jones, the lawmaker said Friday that it's unclear whether the Republican-dominated Tennessee House would agree to seat him.
"We've heard from the other side that they may not seat us, even if our council appoints us, even if we win a special election," Jones said. "Then we'll see another affront to democracy."
The Memphis City Council is also expected to hold a special meeting in the coming days to determine how to fill the vacancy left by Pearson's expulsion. One commissioner, Miska Clay Bibbs, said Thursday that "when given the opportunity, I will support returning [Pearson] to his seat."
Like Jones, Pearson is also eligible to run in the coming special election for his old seat.
During his MSNBC appearance Friday, Jones said he hopes people across the U.S. are paying attention to developments in his home state because "if it can happen in Tennessee, it can happen anywhere."
Watch the full interview:
Former Tennessee State Rep. Justin Jones on MSNBC(Screenshot)
Whatever the near future holds for Jones and Pearson in the Tennessee Legislature, the young lawmakers' bold stand for action against gun violence and outspoken opposition to the state GOP's political retaliation made them instant icons in a burgeoning national movement born out of deadly mass shootings like the one that left three children dead in Nashville last week.
"I've gotten to do a little bit of organizing with Justin Pearson, who was just expelled by the Tennessee House. Let me say: he will go farther and do more good than any of the people remaining in that chamber," environmentalist Bill McKibben wrote following Thursday's vote. "You ding-dongs have just launched a rocket."
As Jones put it on Friday: "It wasn't about us, it was about expelling the voices of those young people, expelling a movement. They've done the opposite."
Jones' campaign operation sprung into immediate action following his removal.The Tennessean reported that while "members of the Legislature are not allowed to fundraise during the legislative session," Jones reactivated his campaign fundraising site "within hours of his expulsion."
If Jones and/or Pearson are reelected and seated, they cannot be expelled again for the same offense, The Tennessean noted. The approved expulsion resolutions accused the two lawmakers of bringing "disorder and dishonor" to the House.
"They're going to do what they do," Pearson said of the Tennessee House's Republican majority ahead of Thursday's expulsion votes. "We have to keep fighting. If we never quit, we never lose."
"They want you to stop clapping, they want you to stop marching, they want you to stop protesting, they want you to stop saying that kids' lives matter, they want you to stop saying that we need to end the gun violence epidemic," Pearson continued. "But what we have to prove by our consistent and persistent effort on this issue is that Tennessee can be a better place than it currently is, and you shouldn't have to be afraid to go to school or go to the grocery store."
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