The Tennessee House of Representatives recently received correspondence questioning the constitutionality of the expulsion of members Justin Jones (D-Nashville) and Justin Pearson (D-Memphis.)
In a letter addressed to House Speaker Cameron Sexton, counsel for Jones and Pearson said they are “reviewing these unconstitutional actions to understand how best to remedy them.”
“The House Republicans not only wrongfully stripped these Representatives of their rights as duly elected legislators but also disenfranchised the voters they were elected to represent,” the letter said. “Their partisan expulsion was extraordinary, illegal and without any historical or legal precedent.”
The House expelled Jones and Pearson last Thursday, for “leading a floor protest over gun violence.” While Jones and Pearson were joined in this protest by Representative Gloria Johnson (D-Knoxville), they were the only two that were expelled. The measure to expel Johnson failed by one vote.
On Monday, April 10th, the Nashville Metropolitan Council voted unanimously to reinstate Jones to the state legislature. The Shelby County Commission is scheduled to vote on Pearson’s reinstatement on Wednesday, April 12th.
According to Tennessee Lookout reporter Adam Friedman, the trio was “accused of violating the House rules of decorum when they took over the speaking podium to lead chants with a crowd protesting the lack of action by lawmakers on gun violence after six were killed — including three children — in a mass shooting at a religious school in Nashville.”
The representatives’ counsel also explained that if both are reappointed, it must lead to “the full and immediate restoration of their rights as members of the House.”
“Representatives Jones and Pearson, if reappointed, should be promptly sworn back in as members of the General Assembly and granted the same benefits, rights, duties, and liberties as any other members of the General Assembly and granted the same benefits, rights, duties, and liberties as any other member,” the letter said.
They also called for the returning of their parking and badge access to the State capitol, healthcare, and status on committees.
The letter also stated that any “retributive action,” such as discrimination, threats, or actions to withhold funding for government programs would “constitute further unconstitutional action that would require redress.
“The world is watching Tennessee,” they said.
The attorneys representing Jones are former U.S. Attorney General Eric H. Holder, Jr., C. William Phillips, and R. Gregory Rubio of Covington & Burling LLP. Representing Pearson are Scott J. Crosby, Jef Feibelman, and Sarah E. Stuart of Burch Porter & Johnson.