Judicial Quagmire (July 16, 2014)
Tennessee is risking a judicial quagmire. Recently, the U.S. Supreme Court ruled that an order by the National Labor Relations Board was invalid because the President’s appointments to that board were invalid. Makes sense.
But by the same logic, if the retention of our State’s Supreme Court justices in the August election is not valid, their subsequent decisions may be invalid.
To be on a retention ballot, an Evaluation Commission must give a sitting justice a positive recommendation, but a trial judge recently ruled the Commission was not properly appointed.
But if the Commission was invalid, then it couldn’t validly recommend putting the justices on the ballot.
Can judges who aren’t supposed to be on the ballot be validly elected? And if not, can their decisions be valid? We may learn the answer the hard way.
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Read David’s related commentary, Constitutional Crisis.
Watch David’s related video, Constitutional Roulette, Anyone?
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