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Politics Politics Feature

A Surprise Consensus in Tennessee Government

Events in Tennessee state government were on center stage this week, with the convening of the Tennessee General Assembly just around the next turn of the calendar.

The big political/governmental news of the week was, beyond doubt, Governor Bill Haslam‘s announcement of a provisional agreement with the federal government on an alternative Tennessee plan for Medicaid expansion in Tennessee.

The plan, which Haslam called “Insure Tennessee,” would, he said, “leverage” Medicaid-expansion money under the Affordable Care Act (ACA) in a two-year “pilot program” that would provide coverage for the currently uninsured and prepare them for eventual “transition to commercial health coverage.”

Haslam said the agreement with the federal government was “verbal” at this point, but that a formal request for waiver from standard ACA requirements would follow, with expectations of approval.

Under the terms of legislation passed in the last session of the Tennessee General Assembly, any agreement reached between the governor and the federal government on Medicaid expansion must be approved by both houses of the legislature. Haslam said he would work diligently to achieve that approval in a special session to be held in January, in advance of the regular 2015 session of the General Assembly.

If approved, the plan apparently would, like standard Medicaid expansion, make the state eligible for millions of dollars in new funding under the ACA, a result that the state’s hospital executives, many of them facing critical shortages, have been aggressively lobbying for.

Initial response to the plan on the part of Tennessee’s public officials was overwhelmingly positive on both sides of the party line, with Tennessee’s two Republican U.S. Senators, Lamar Alexander and Bob Corker, quickly conferring their approval, as did the state’s ranking Democrats, 5th District Congressman Jim Cooper of Nashville and 9th District Congressman Steve Cohen of Memphis (though Cohen was one of several Tennessee Democrats to deplore the GOP-dominated state government’s long delay in responding to the proffer of substantial federal funding.

At stake has been millions of dollars in potential aid to fund medical coverage for indigent patients through TennCare, the state’s version of Medicaid (itself, ironically, established a generation ago through a waiver agreement with the federal government during the administration of the late former Governor Ned Ray McWherter).

Several of Tennessee’s hospitals have been experiencing severe financial difficulties, and they, along with prominent members of the state’s business establishment, have been lobbying hard for a change of mind by Haslam, who, confronted by widespread hostility by his fellow Republicans in the legislature to what they called Obamacare, had declined to accept funding for Medicaid expansion in 2013.

Haslam said at the time that he would attempt to reach an agreement with the Obama administration for an alternative Tennessee expansion plan that deviated from strict ACA requirements. He had subsequently been in protracted negotiations with officials of Health and Human Services and the Centers for Medicare and Medicaid Services (CMS) to obtain such a waiver.

At his announcement/press conference on Monday, Haslam told reporters that federal officials had basically pre-approved a waiver for the plan — which must first, however, be approved by both houses of the Tennessee legislature under terms of a restrictive statute passed last year.

The chances for that happening were decidedly enhanced by what seemed an open-minded response to the Governor’s plan from Lieutenant Governor/State Senate Speaker Ron Ramsey.

Said Ramsey on Monday: “When a state has an opportunity to take power away from the federal government and institute real conservative reform, that is an opportunity that must be taken seriously. Governor Haslam has negotiated a deal, which returns tax dollars back to Tennessee while using conservative principles to bring health insurance to more Tennesseans. I look forward to sitting down with my fellow legislators to take a hard look at what has been negotiated to make sure that the final deal, which must be approved by the legislature, is in the long-term financial interest of Tennessee.”

Insure Tennessee does indeed cater to Republican free-market shibboleths. It proposes to use the additional federal Medicaid funds to broaden coverage for the state’s uninsured through their employers’ existing health insurance plans or by requiring modest co-pays and premiums for those accessing the aid through TennCare. The plan allows for a reduction in the latter costs if recipients pursue preventive measures and other “healthy choices.”

Democratic legislators indicated a willingness to fall in line with the governor. Typical was the response of the Democratic state House leader, state Representative Craig Fitzhugh (Ripley), who promised to “stand with” Haslam and expressed “my personal thanks to Governor Bill Haslam and the Obama administration for working together on this plan.” 

And, as noted previously in this space, Democrats are in a position to provide Haslam with backup in the governor’s professed intention to resist efforts to repeal the Hall Income Tax on the part of GOP ultra-conservatives  — several of whom, no doubt, will endeavor to thwart or amend the Insure Tennessee plan during the forthcoming special session.                

• Given the disproportionate extent of GOP control in the General Assembly — 28 of 33 members of the state Senate, 73 of 99 in the state House — it would be misleading to use the word “bipartisan” in anticipation of the coming legislative session, but optimists would surely be within their rights to hope for a greater degree of political moderation than has been the case in the past several sessions.

One possible indication of that was the easy reelection (57-15) in the House Republican Caucus last week of state Representative Beth Harwell (R-Nashville) as House Speaker over state Representative Rick Womick (R-Rockvale), a Tea Party Republican. Yet another was a vote in the state Senate Republican Caucus to replace Germantown conservative Brian Kelsey on the Fiscal Review Committee with the relatively moderate Maryville Republican Doug Overbey

And even Kelsey, a possible thorn in Haslam’s side on the Medicaid and Hall Income Tax issues, struck a moderate note in his announced co-sponsorship with Democratic state Representative John DeBerry (D-Memphis) of a measure that would require law enforcement agencies in Tennessee to adopt policies outlawing racial profiling.

Moreover, there had been a decisive (47-17) vote by the state Republican Executive Committee the week before to reelect as state GOP chairman the establishment-oriented Chris Devaney over Tea Party-leaning Joe Carr, the outgoing state representative from Lascassas who unsuccessfully challenged incumbent Lamar Alexander for the U.S. Senate.

 

•  Tennessee Democrats, meanwhile, were engaged in an effort to decide on a new state chair for their party, to succeed Roy Herron, who is stepping down. All five contenders for the chairmanship — which will be awarded by the state Democratic Executive Committee in Nashville in January — were in Memphis on Saturday making their pitch before an audience of state committee members and other interested Democrats at LeMoyne-Owen College.

Appearing, in sequence, were Mary Mancini of Nashville, former executive director of Tennessee Citizen Action and a recent candidate for a state Senate seat;  Terry Adams, the Knoxville attorney who ran a close second to fellow Knoxvillian Gordon Ball in this year’s Democratic primary for U.S. Senate; Gloria Johnson, also of Knoxville, a long-term party activist and current chair of the Knox County Democrats, who was narrowly unseated from the state House this year by a Republican opponent; Lenda Sherrell of Monteagle, who unsuccessfully challenged 4th District GOP Congressman Scott Desjarlais; and Larry Crim of Nashville, chairman of the nonprofit Democrats United for Tennessee and a recent candidate for the U.S. Senate nomination.

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Politics Politics Feature

Fallout From GOP Falling-Out

Fallout continues from the bitterness that flared up within Republican ranks at the close of the 2013 legislative session on Friday, April 19th, the date pre-ordained by Lieutenant Governor Ron Ramsey (R-Blountville), speaker of the state Senate and, up until quite recently, the virtually unchallenged spokesperson for the Republican legislative supermajority.

As was chronicled in the Flyer two weeks ago, GOP members of the state House of Representatives vented their anger at domination by the Senate (read: Ramsey) in the session’s last week and made a point of soundly rejecting a judicial redistricting measure that had been personally shaped by Ramsey and was greatly prized by the Senate speaker.

Ramsey retaliated by making sure that a bill to strengthen the state board of education’s control of charter-school authorizations, one tailored by House speaker Beth Harwell (R-Nashville) to counter a local Davidson County situation, was kept from a vote in the Senate.

Lt. Governor Ron Ramsey

The speakers made no effort to hide their exasperation with each other and with the actions of the other chamber, and the usual end-of-session press conference with Governor Bill Haslam was scrapped, replaced by a hastily thrown-together affair in which Haslam met reporters in the company of the House and Senate majority leaders.

This past week, another shoe dropped in the GOP’s intramural feud. The Tennessee Republican Caucus, a fund-raising body that has traditionally raised money and shared it equally with GOP members of the House and Senate, has been dissolved, apparently at Ramsey’s initiative.

Henceforth, the Republican caucuses of the two chambers will be responsible for their own fund-raising. For his part, Ramsey made it known that, with one exception, he will no longer personally assist House Republicans in their independent fund-raising efforts. (The exception is Representative Timothy Hill, who hails from Ramsey’s home town of Blountville.)

Each of the two speakers has also lunched privately with Haslam since the session’s close, but neither has met with the other speaker.

The legislature’s Democrats — a minority of seven in the 33-member Senate and 28 in the 99-member House — are publicly enjoying (and encouraging) the spectacle of Republican falling-out but privately are aware that the schism is of little practical benefit to Democrats, whose underdog status is more or less guaranteed for at least a decade by the redistricting which occurred under Republican auspices after the census of 2010.

The chief practical effect of the GOP schism is to end the brief era — from 2007, when Ramsey ousted Democrat John Wilder from his longtime perch as Senate speaker, to the stormy end of the 2013 session — when Ramsey’s word was law on Capitol Hill, almost literally.

In case after case in recent years, Ramsey — and the Senate — prevailed over the wishes of Haslam and Harwell, most notably in 2011, when Ramsey insisted on attaching the abolition of collective bargaining to the governor’s education-reform package.

A sign of the change to come may have occurred this year when Haslam yanked his pilot bill creating a moderate voucher system for public schools rather than permit state senators Brian Kelsey (R-Germantown) and Dolores Gresham (R-Somerville) to expand the bill’s reach.

• Memphians are prominent in the membership of a legislative delegation headed this month to Turkey and Azerbaijan, and the trip, reports the Tennessee Journal, is “financed by groups tied to a Muslim leader who runs a network of charter schools in the United States.” The Journal cites Nashville’s WVTF-Channel 5 as the identifying source.

The sponsoring groups are the Turkish American Chamber of Commerce of the Southeast and the Turquoise Council of Americans and Eurasians. Both allegedly are tied to Fethullah Gulen, who became controversial two years ago when former Memphis mayor Willie Herenton cited Gulen’s charter-school network as a possible tie-in with Herenton’s own proposed charter-school network. The former mayor has since recast his proposed charter-school framework without reference to Gulen’s network.

Memphians making the trip are state senator Kelsey, representatives Mark White, Antonio Parkinson, Joe Towns, Johnnie Turner and state safety commissioner Bill Gibbons.

• As noted last week in both this space and the Flyer editorial, Maxine Smith passed from the mortal realm into the immortality that history confers on those adjudged to have rendered significant service.

Smith was properly appreciated by a celebration of her life at the Jesse H. Turner St. Freedom House on Vance Avenue on Friday and by a memorial service and all-day visitation at Metropolitan Baptist Church on Walker Avenue on Saturday.

The service at Metropolitan was presided over jointly by the Rev. Billy Kyles, a civil rights icon in his own right, and by the Rev. Rosalyn Nichols of Freedom’s Chapel Christian Church, Smith’s own, where a smaller, private service was held for her on Friday night.

Smith was known to enjoy a good laugh, and the service at Metropolitan, where humorous anecdotes and reminiscences were encouraged and abounded, reflected that fact. At one point, industrialist/philanthropist Pitt Hyde concluded a heartfelt tribute with the notion that Smith’s arrival at the Pearly Gates would be certified by St. Peter as proof of Martin Luther King’s celebrated statement regarding the content of one’s character outweighing the color of one’s skin.

Hyde slipped somewhat in the pronunciation of “skin,” making the phrase sound like “the color of one’s sin.” The audience in the packed church roared its appreciation of the inadvertent double entendre. As one attendee said later, “Maxine would have loved that.” Ninth District congressman Steve Cohen, who followed at the dais, looked back at the seated Hyde with a mischievous smile, and said, “Pitt, I promise you, I won’t tweet that.”

Hyde, Cohen, and others who offered recollections about Smith teared up, as well, but the sorrow was leavened with laughter. Call it the joy of remembrance.

• Even as Smith was being extolled and remembered, another death of some consequence occurred late last week — that of Jerry Cobb. The unofficial leader of what amounted to a permanent dissenting minority in the Shelby County Republican Party, Cobb was well-known as a gadfly’s gadfly — a term he came to embrace once he was made aware of its connection with Socrates, a previous disturber of the peace.

Cobb, a general contractor who continually sought maximum transparency in the bidding for public construction projects, was sometimes to the right and sometimes to the left of his party’s mainstream. He was rarely in its center, inasmuch as he saw his main mission as being that of challenging the status quo. Survived by his wife Edna, who sustained him in life, he was well liked, even by his adversaries.

• A resolution which ostensibly would have put the Shelby County Commission on record as supporting the Second Amendment was rejected on Monday by the commission, a majority of whose voting members saw it as going much further than its stated purpose.

Speaking for the majority, Commissioners Walter Bailey and Steve Mulroy both argued that the resolution contained clauses suggesting that county government could and should “nullify” federal statutes and urging local law enforcement officials to take the lead in doing just that.

The resolution’s sponsor, Commissioner Terry Roland of Millington, stunned the audience at one point by saying, “If I come to Memphis, Tennessee, I’m packing heat. So anybody out there listening, if you want to try something, it’s on you, but I’m packing heat.”

Speaking for the resolution, Commissioners Heidi Shafer and Wyatt Bunker said its chief purpose was to encourage support for the Second Amendment and to make citizens aware of their rights, not to challenge the federal government. Various amendments to soften the language of the resolution were considered but rejected. The resolution was defeated by a vote of five for and six against, with one abstention.

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Politics Politics Feature

Houses Divided

Back in the days of the old Solid Democratic South (roughly, the 100-year period from the end of the Civil War to the civil rights revolution), such political disputes as existed below the Mason-Dixon line were either factional within Democratic ranks or were based on local or personal or occasionally ideological rivalries.

This was especially the case in border-state Tennessee, where the switch-over from Democratic to Republican control was later in coming than in the Deep South (though ultimately just as profound and sweeping).

In the Tennessee legislature, the most ferocious rivalries, even into the current century, were not between the two major parties. They involved power struggles between prominent Democrats — such as those between state senator Steve Cohen (D-Memphis) and foes like fellow Democratic senators Bob Rochelle (D-Lebanon) and Jim Kyle (D-Memphis).

(The ill feeling between Cohen and Kyle persists even to the present day, with the two antagonists in separate bodies — Cohen now serving as congressman from Memphis’ 9th District and Kyle holding on as leader of the rump group of Democrats in the state Senate.)

Republicans, whose foothold in East Tennessee grew slowly over time (until it began to expand geometrically and geographically in the last decade), were onlookers.

Famously and with unprecedented speed, that situation reversed itself with the statewide elections of 2008, 2010, and 2012. It is Republicans who now totally dominate state government and own what are referred to as “super-majorities” in the General Assembly. The roll call speaks for itself — 26 Republicans to seven Democrats in the state Senate; 71 Republicans to 27 Democrats and one independent in the House.

The roles are now reversed in the legislature, and it is the Democrats who are the onlookers, hoping to get a few crumbs from the table or to pass a few non-controversial measures with GOP indulgence.

There has to be some rejoicing in Democratic ranks, however, and some desperate, hopeful crossing of fingers regarding better days to come, after the contentious way in which Republicans fell out with each other in the waning days of the 2013 session of the General Assembly, which ended Friday.

Never mind that that’s probably wishful thinking. It had to be fun for Democratic legislators to hear Representative Bill Sanderson (R-Kenton) thunder his denunciation of SB 780/HB 636, prescribing a new formula for assigning judicial districts in Tennessee. This was a pet bill pushed relentlessly by Lieutenant Governor Ron Ramsey (R-Blountville), the Senate speaker and the driving force for most of the last three years of the Republican majority and of the legislature itself.

“This bill, friends and colleagues, came from the Senate. … We are just as equal as the other chamber across the hall. Believe it or not, you belong to a chamber that is autonomous. We are the people’s chamber. They have been dictating to us from the get-go. … This bill has been crammed down our throat. … Let’s draw the line today!”

See clip:

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The line was indeed drawn, dramatically and overwhelmingly. The Ramsey-backed bill failed in the House by a vote of 28 for and 66 against — a majority of GOP members choosing to overrule the Senate’s Republican master.

The result further widened the schism between the chambers, between the speakers, Ramsey and state representative Beth Harwell (R-Nashville) in the House, and between one set of Republicans and another.

Ramsey’s response to the rebuff was to pass the word to his membership of his resolve to keep off the floor a bill to strengthen the state’s authorizing authority over new charter schools (HB 702/SB 830) that had passed the House overwhelmingly the day before, and was dear to the heart of both Harwell and Nashville mayor Karl Dean. Realizing the futility of trying to bring the bill up for a vote, Senate sponsor Dolores Gresham (R-Somerville) allowed it to be referred to the calendar committee, meaning it won’t be considered again until next year.

Democrats in both chambers, who had opposed the bill, were overjoyed.

Harwell was furious. Asked after the session had ended how “disappointed” she was that the bill had not been brought to the Senate floor, she answered, “Very … the votes were there.”

It was telling, too, that, unlike last year, the two speakers did not participate in a joint press conference with each other or with Governor Bill Haslam.

Grabbed by reporters on his way out of the Senate chamber, Ramsey was candid. Asked if the fate of the charter authorizer bill was related to that of the judicial redistricting measure, he replied, “Somewhat.” Though, when asked, he declined to use the word “retaliation,” he acknowledged, “I thought the judicial redistricting bill should pass. It didn’t. That’s where we are. … It’s not holding bills hostage. It’s that one body doesn’t agree with the other body.”

Shortly thereafter, Haslam did have a brief meeting with reporters, in tandem with the two chambers’ majority leaders, state representative Gerald McCormick (R-Chattanooga) and state senator Mark Norris (R-Collierville).

The governor conceded that not only the charter authorizer bill, which he, too, had favored, but another measure he wanted as part of his educational package, the creation of a pilot voucher system for public schools, had failed — both (though he chose not to dwell on the fact) because of dissension in Republican ranks.

“The great charter schools … we’re trying to attract to Tennessee … won’t come unless they think they have a good chance of getting approved,” Haslam lamented.

He made do by emphasizing other matters he regarded as successes — a pruned-down budget, a cut in certain taxes, the augmenting of the state’s rainy-day fund, increases in K-12 funding, changes in workers’ compensation laws, etc.

About the fallout between the two chambers and their leaderships, McCormick shrugged: “If there’s not a little tension between the Senate and the House and the governor’s office, we’re probably not doing our jobs. That’s how government works. There ought to be some tension.”

Clearly, there is, and it remains to be seen how much of it remains and how divisive the effect of it on the GOP supermajority is in the next legislative session.

See clip of complete post-session press conferfence with Governor Haslam and majority leaders McCormick and Norris: