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Politics Politics Beat Blog

Federal Judgeship Rumored for Norris

For months now state Senator Mark Norris (R-Collierville), majority leader of the Senate, has been suspended between a long-standing ambition to run for Governor and the possibility of an appointment to a federal judgeship. Norris deemed the latter prospect “an honor” when asked about it by the Flyer in February.

New reporting from various Tennessee media sources would indicate that the honor could be imminent. Both the Tennessean of Nashville and the Chattanooga Times-Free Press have run stories indicating that Norris has lately been the subject of the kind of FBI background check that precedes such a judicial appointment.

Two District judgeships are open, one vacated by Judge Hardy Mays, another by Judge Daniel Breen.
Appointment to one of the judgeships, besides being a career milestone in itself, would make irrelevant an existing dilemma faced by Norris in his acknowledged contemplation of a gubernatorial race.

The GOP-primary candidates already declared — former state Economic Development Commissioner Randy Boyd and Franklin businessman Bill Lee — as well as another possible entry, 4th District congresswoman Diane Black, possess sources of funding, including private wealth, that Norris would have difficulty matching. And state House Speaker Beth Harwell (R-Nashville), who would draw on some of the same legislative support as Norris, is also thinking of entering the race.

Under the circumstances, there is little doubt that Norris, trained in Constitutional law and possessor of a contemplative mind beyond his demonstrated skills as a legislator and conciliator, would accept a judicial appointment.

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Politics Politics Feature

Shelby County Politics Wrap Up

At press time on Tuesday, U.S. Senator Cory Booker (D-NJ) was scheduled to make one more effort, via a unanimous-consent request on the floor of the Senate, to get a vote on the confirmation of Ed Stanton III of Memphis as U.S. District Judge. 

Stanton, now serving as U.S. Attorney for Tennessee’s Western District, was nominated by President Obama in May 2015 to succeed Judge Samuel H. “Hardy” Mays.

Sponsored by 9th District Congressman Steve Cohen of Memphis, a Democrat, and heartily endorsed by Tennessee’s two Republican Senators, Bob Corker and Lamar Alexander, Stanton was expected to be a shoo-in for Senate confirmation long ago, but the same partisan gridlock that has prevented Senate action on Obama’s Supreme Court nomination of Merrick Garland has held up action on Stanton and other judicial nominees.

• The two major political parties have both now established local headquarters for the stretch drive of the presidential race. 

The Republicans went first, opening up a combination HQ for 8th District congressional nominee David Kustoff and the coordinated GOP campaign at 1755 Kirby Parkway on August 31st. The Democrats will open theirs, at 2600 Poplar, with an open house this Saturday. 

At the GOP headquarters opening, Kustoff spoke first, then Shelby County Commissioner Terry Roland, as West Tennessee chairman for Donald Trump. Next up was Lee Mills, interim Shelby GOP chair (he replaced Mary Wagner, who had been nominated for a judgeship). He began recognizing Republican gentry in the room.

When Mills got to David Lenoir, the Shelby trustee who’s certain to oppose Roland for county mayor in 2018, he fumbled with Lenoir’s job title, then somewhat apologetically said, “David, I always want to call you tax collector.” Roland then shouted out delightedly, “I do, too!”

• Given the overwhelmingly Republican nature of voting in the 8th District in recent years, Kustoff’s chances of prevailing are better than good, but for the record, Rickey Hopson of Somerville is the Democratic nominee. Hopson is making the rounds, having spoken at last month’s meeting of the Germantown Democratic Club, one of several local Democratic clubs taking up the slack for the Shelby County Democratic Party, decertified by state Democratic chair Mary Mancini several weeks ago.

Another Democratic underdog challenging the odds is Dwayne Thompson, the party’s candidate for the state House District 96 seat (Cordova, Germantown) now held by the GOP’s Steve McManus. A fund-raiser is scheduled for Thompson next Wednesday, September 28th, at Coletta’s Restaurant on Highway 64.

Memphis lawyer John Ryder, who currently serves as RNC general counsel and who supervised both parties’ rules changes and the RNC’s redistricting strategy after the census of 2010, has been named Republican Lawyer of the Year by the Republican National Lawyers Association and will be honored at a Washington banquet of the RNLA at the Capitol Hill Club in Washington on Tuesday, September 27th. “Special guests” will include Senator Corker and RNC chairman Reince Priebus.

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Politics Politics Feature

Back to Square One

The resisters — i.e., the suburban hard-core, a minority on the Shelby County Commission — won one on Monday. Their victory, putting an indefinite stall on filling a vacancy on the Unified School Board, was mainly symbolic, and it owed as much to confusion and disagreement on the part of the commission’s pro-school-merger majority as to their own acumen.

In any case, the scoreboard will show that the commission’s already unsteady slog toward expediting the merger process was slowed even further, a fact that could have measurable consequences down the line. If nothing else, it may have put off the day of reckoning on the expansion of the school board from seven members to 13 or at least complicated that process.

What happened on Monday was that, after what had been one of the least consequential commission meetings in years — with only one item besides the consent agenda, and that item, a zoning matter, withdrawn — the commission undertook to consider an add-on item, one that sounded, as county attorney Kelly Rayne summarized it, fairly routine.

The item was an amendment to a resolution passed two weeks ago calling for applicants to succeed school board member Reginald Porter, who resigned to become the unified system’s chief of staff. Interviews for the vacancy were to be held next Wednesday.

But, as Rayne noted, that resolution had erroneously specified that Porter’s successor would fill out the remaining three years of his term, instead of the single year leading up to next year’s election cycle, when the seat would be on the ballot.

Nor did the resolution account for the fact that Porter’s District 6 will be transformed into something else by the aforementioned expansion to 13 districts on September 1st. (The current 23-member board, a discordant group consisting of those seven, plus holdovers from the former Memphis City Schools and Shelby County Schools boards, will pass into history at that point.)

The amendment offered Monday would address those points with necessary changes, Rayne explained.

Except that, as was demonstrated in the intricate debate that followed, there were myriad uncertainties to deal with, involving: the expectations of existing applicants for what they had presumed would be a three-year term; the question of whether someone selected now for District 6 would also be a resident of the reconfigured District 9 (which most of District 6 would become) and, if not, what then; and the still unresolved question — yet to be decided by presiding federal judge Hardy Mays — of whether the six new members were to be elected or appointed by the commission.

Nothing close to a consensus on these matters was reached, with the result that — in an outcome owing much to the absence of two commissioners, Justin Ford and Melvin Burges, and to the early departure of two others, Walter Bailey and Sidney Chism — the commission would first reject the amendment on the floor and then, on the motion of Commissioner Wyatt Bunker, vote to rescind the original resolution.

So it’s back to square one, a consummation devoutly to be wished by Bunker and his fellow suburbanites Chris Thomas and Terry Roland, along with Heidi Shafer, whose district straddles city and county but whose sympathies on the school matter are with the suburbs.

The District 6 seat on the school board remains vacant, and the next steps on reconfiguring the expanded school board remain, as has so often been the case during the issues of the school-merger process, for Mays to pronounce upon.

• Saturday’s memorial service for the late Lois DeBerry, who died last week after a lengthy battle with pancreatic cancer, drew a multitude of mourners to the First Baptist Church on Broad Avenue, many of them blue-ribbon members of the Tennessee political establishment — past and present.

As befitted the stature of the longtime House speaker pro tem, the list of those offering testimonials began with a former vice president of the United States, Al Gore, and continued through other such personages, including a current governor, Bill Haslam, and a past one, Phil Bredesen, and concluded with DeBerry’s surviving husband, Charles Traughber, who, until his retirement late last month, had been chairman of the state Pardon and Parole Board.

Gore, for whom DeBerry had made a nominating speech for president during the 2000 Democratic National Convention, returned the favor in good style, establishing that DeBerry was a role model par excellence, one without a “mean bone in her body.”

Other speakers expanded on that image and, on occasion, put it in bas relief, making sure it was realized that DeBerry, who pulled her legislative oar nonstop during her four-year battle with cancer, was a fully round character.

There was a Big Chill aspect to the service, a gathering of the guard, a last hurrah for the luminaries who had constituted Tennessee state government during the long span of DeBerry’s career. It was a passing in review, as Memphis state senator Jim Kyle described it, for the state’s Democratic Party, leading members of which were there in numbers too great to single out by name.

Yet it was more than that. One of the more memorable moments came from a leading figure of the state’s new Republican guard, current House speaker Beth Harwell of Nashville.

In a voice swelling with emotion, Harwell talked about DeBerry having her back on some important children’s issues and recalled watching her use “her tenacious spirit” to fight cancer:

“At times, when I knew she was tired, and when I knew she was in pain, she was still at the Capitol working, with a smile on her face. She taught us how to live, and she taught us how to die. What a legacy. Tennessee has lost a political icon. And I lost my friend and my mentor.”

That was a sentiment shared by all.

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Editorial Opinion

No More Proscrastination

Across the page from this editorial in the hard copy and via this link online is this week’s Viewpoint, written by Mike Ritz, chairman of the Shelby County Commission and an activist sort who is clearly not content to preside over meetings or to be a neutral arbiter over disagreements.

Even before his ascension to the chairmanship, Ritz was anything but bashful in advancing his several agendas — most of which had to do with issues of fiscal solvency, a fact which made him a typical Republican of a certain sort and, more often than not, cast him as a member of a voting minority (not infrequently, in fact, as a minority of one).

For the last two years, however, the current chairman has been out of kilter with the other five GOP members of the commission on what is arguably the most significant issue confronted by the county’s legislative body, and certainly the most divisive and volatile one. This is the matter of city/county school merger, in which Ritz, not only a Republican but a resident of Germantown, has consistently advocated and orchestrated a coalition of eight members (the other seven are Democrats and urban dwellers) behind the goal of a unified public-school system.

Whatever his motives, they cannot be attributed to regional or political parochialism. It would appear that they might indeed owe something to the aforesaid idea of fiscal solvency and to a belief in unity for its own sake. Ritz was pursuing a route to single-source funding of the county’s schools long before the merger issue came up via the December 2010 decision by a majority of the Memphis City Schools board to surrender the MCS charter, thereby forcing a merger with Shelby County Schools.

To be candid, it is possible that the commission chairman’s insistence on keeping school merger on track may be driven somewhat by the fact that the commission is fiscally, politically, and to some limited degree legally the de facto wielder of power in such a process. Indeed, much of what Ritz has put on his plate, on school issues or whatever, has served to remind observers that state law puts county government at the top of the political pyramid.

In any case, the argument that Ritz puts forward in this week’s Viewpoint is a challenge to the bona fides of the provisional school board, which all too often does indeed, as he suggests, seem to be pulling against its ostensible goal of forming a workable and unified educational system. It is worth pointing out that Ritz is not alone in posing such a challenge. We see a counterpart in presiding federal judge Hardy Mays’ recent actions, including his move toward appointing a special master to oversee unity and his no-nonsense declaration to all parties that, like it or not, a unified system will come into being for the 2013-14 school year.

In the course of time — and that could be as short as a single year — constructive alternatives could emerge to what the Shelby County suburbs’ legislative champion, state senator Mark Norris, derisively calls “mere merger,” maybe along lines of autonomy already suggested by the Transition Planning Commission.

But it’s surely time for an end to the delaying game, as Ritz suggests and Mays demands.

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Politics Politics Beat Blog

Mays Puts Halt to Municipal School Districts

Judge Mays

  • Judge Mays

The long-awaited ruling from U.S. District Judge Hardy Mays concerning the municipal-schools issue has come down. In a 65-page ruling, Mays has found Chapter 905, the enabling legislation from the 2012 sesson of the General Assembly unconstitutional, effectively putting a stop to the plans of six Shelby County suburbs to set up special school districts for the 2013-14 school year.

Mays further held in abeyance the question of the constitutionality of two other pieces of enabling legislation — Chapter 970, also from the 2012 session, and Section 3 of Chapter 1 of 2011 (a.k.a. Norris-Todd), which first authorized the lifting of a long-standing state ban on new special school districts.

That original legislation — by state Senator Mark Norris and state Representative Curry Todd — was conceived in response to the then pending surrender of the Memphis City Schools charter, already voted by the MCS board and later ratified by the Memphis City Council.

It was the fact of charter surrender that made merger of MCS and Shelby County Schools inevitable and forced the hand of those in the suburbs who desired to keep their schools independent of the Memphis system.

Chapter 905 was an add-on bill offered by Norris and Todd last spring as a means of circumventing a ruling by state Attorney General Robert Cooper which prevented any preliminary activity toward creating new districts until August 2013, the date specified by Norris-Todd.

In striking down 905, Mays found credible and compelling a mass of testimony and evidence — including videos of sponsors’ statements from the legislative session — that plaintiffs had offered during a September trial as proof that the 2012 legislation was intended by its sponsors to apply only to Shelby County.

As the judge summarized things in his ruling, “The Municipalities cite portions of the legislative history in which references are made to ‘counties’ or in which the possible application to a few other counties is mentioned. …

“There is in the history a sense of a wink and a nod, a candid discussion of the bill‟s purpose occasionally blurred by a third-party correction. The history is clear, however, that the bill never would have passed had it not been intended to apply only to Shelby County.”

That fact rendered Chapter 905 a private bill disguised as a general bill, Mays said in declaring it null and void. Bills applying only to a single county must be ratified by the chief legislative authority of that county. That would be the Shelby County Commission, the major plaintiffs in this case, who were not consulted on the measure’s passage.

Said Mays: “Although general in form, Public Chapter 905 is local in effect. Because it does not include a provision for local approval, Chapter 905 is VOID under Article 11, Section 9 of the Tennessee Constitution. All actions taken under the authority of Chapter 905 are VOID. The Municipalities are enjoined from proceeding under Chapter 905 to establish municipal school districts.

“The Third-Party Plaintiffs are invited to submit additional arguments, both factual and legal, addressing only the constitutionality of Chapters 970 and Section 3 of Chapter 1 under Article 11, Sections 8 and 9 of the Tennessee Constitution. Those arguments should be submitted not later than December 11, 2012, and should not include further references to legislative history. The Third-Party Defendants may respond no later than December 27, 2012.”

Judge Mays entered his ruling on the eve of his departure for a brief vacation. He had held off releasing it until court-ordered mediation sssions between the parties last week ended with no agreemnt in sight.

The ruling would appear to be a clear victory for the plaintiffs in the case — the Shelby County Commission, the Memphis City Council, and the City of Memphis — and an equally smashing defeat for the five suburbs — Grermantown, Collierville,Bartlett, Lakeland, Arlington, and Millington — whose voters had authorized the special disricts in the August 2 election and elected school boards on November 6.

Shelby County Commission chairman Mike Ritz, when contacted some 15 minutes after the ruling became public at 7:50, declared, “It looks like we got what we asked for.”

Ritz would elaborate on that after completing his reading of the court document. “This means that everything the suburbs have done thus far is canceled out, and I don’t believe they will ever convince Republican legislators elsewhere in the state to legislate an alternative applying to the whole of Tennessee.”

A Commission colleague, Steve Mulroy, who had predicted the form of the outcome earlier on Tuesday, said simply, “We won.”

Indications were that the suburbs would simultaneously appeal the Mays ruling and make a preliminary start on a possible network of charter schools.

Such schools would have to be approved by local school authority — in this case the Unified School System board — but the suburbs could expect more help from Norris and, for that matter, from the charter-friendly administration of Governor Bill Haslam, which has already compelled boards in both Shelby County and Davidson County (Nashville) to reverse decisions against charter school applicants.

Whatever further action the suburbs take, the ruling seems to have made it clear that the August 2013 school year will begin with the Unified School District serving as the public school jurisdiction for all of Shelby County.

Bartlett Mayor Keith McDonald, a consistent spokesperson for the municipal-school movement, said upon learning of the Mays ruling, “We’re wounded, but we’re not dead.” McDonald conceded that the ruling made municipal systems imposible for the 2013-14 school year but held out hope that Norris-Todd might still be found viable, permitting the suburbs to make a new start on Municipal districts after August 2013.

“There are all kinds of creative new ideas for public education, in both the state and the nation,” McDonald said, apropos the idea of seeking alternatives to the concept of municipal school districts. “As I’ve said for two years, we’re in this for as long as it takes.

David Pickler, the former chairman of the Shelby County Schools board, a current member of the Unified School Board representing Germantown and Collierville, and a proponent of municipal schools, said of the Mays ruling, “This is certainly a delay but not necessarily a defeat. It’s even an opportunity for all parties to the issue to engage with each other in a board room, not a courtroom, possibly to create a new vision that respects everybody’s rights and the principle of self-determination.”

More to come as things develop

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Opinion

Standstill then Postponement in Schools Trial

Samuel H. Mays Jr.

  • Samuel H. Mays Jr.

Federal Judge Samuel Hardy Mays may have averted an outbreak of narcolepsy in his courtroom when he postponed the schools trial that had come to a standstill in its second day.

The ponderous proceedings will resume on September 20th to determine whether suburbs can start their own municipal school system next August or September.

“Every delay makes it harder,” said Bartlett Mayor Keith McDonald. “But as long as he does not delay the election of school board members (in November) we still have the possibility of making it happen. Of course we’ve still got the building argument that has to be held in some form and whatever other things might be thrown at us.”

The postponement happened Wednesday afternoon when a witness called by the lawyers for the suburbs “drilled down” into demographic data for Gibson County and the city of Milan, about 100 miles northeast of Memphis.

Carolyn Anderson, a “GIS specialist” or computer map maker for the Tennessee Legislature, was describing how she gathered population data on school-age children in small towns and their urban growth areas. Attorneys Allan Wade and David Bearman repeatedly objected that she was giving her opinion and was not qualified as an expert witness. Mays overruled the objections, and Anderson googled Tennessee Census data on her computer and slowly worked her way to spread sheets and maps for Gibson County that were shown on courtroom monitors.

When the objections persisted and the delays grew longer, Mays declared a postponement.

Gibson County is one of the counties that attorneys for the Shelby County suburbs say fits the requirements of the state enabling legislation for new municipal school systems. Wade and Bearman say the legislation was narrowly drawn for Shelby County and violates the state constitution.

The law sponsored by Mark Norris and Curry Todd of suburban Shelby County applies to school mergers where a special school district dissolves into a county school district and increases the enrollment 100 percent or more. Adding Memphis City Schools to Shelby County schools would boost the enrollment of the current county system from 46,000 to about 146,000 in a unified system. The Gibson County special school district currently has 3,586 students and Milan has 2,087 students.

The trial has been narrowly focused on the language of the law and demographic data rather than statements by lawmakers assuring their colleagues that the law would only apply to Shelby County. Attorneys for the Shelby County Commission, over objections from the other side, played tapes of those comments in pretrial hearings in July. The postponement suggests there could be more expert witnesses and another day or more of dueling demographers.

“We are kind of on hold until November,” said McDonald, who has attended the trial. “We have got our committee working full speed ahead to try to get as many things ready for an elected school board as they can. We will keep going unless the judge tells us to stop.”

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Opinion

Resegregation is a Judicial Dead End

William Raspberry

  • William Raspberry

As suburban voters vote on municipal school systems and federal judge Hardy Mays sets court dates to decide constitutional issues, here are some pertinent comments from this obituary in the Washington Post.

William Raspberry was from Okolona, Mississippi, about 20 miles south of Tupelo. He grew up in the segregated South and became a Pulitzer Prize winning columnist. His words speak to Memphis today.

From the obituary: “Mr. Raspberry derived some of his core principles from a bedrock belief in self-reliance and the importance of education. He often cited the example of his parents, both of whom were teachers. He challenged prominent civil rights figures to put their words into action to help build a better world for the poor and disenfranchised.

“Education is the one best hope black Americans have for a decent future,” Mr. Raspberry wrote in a 1982 column. “The civil rights leadership, for all its emphasis on desegregating schools, has done very little to improve them.”

“Although he considered himself a liberal, Mr. Raspberry often bucked many of the prevailing pieties of liberal orthodoxy. He favored integration but opposed busing children to achieve racial balance. He supported gun control but — during a time when the District seemed to be a free-fire zone for drug sellers — he could understand the impulse to shoot back.”

“It’s not racism that’s keeping our children from learning, it’s something much nearer home than that,” he told Washingtonian magazine in 2003. “We need to remember that the most influential resource a child can have is a parent who cares. And we need to admit that sometimes parents are the missing ingredient.”

The framework for the unified Shelby County School System will be decided by suburban referenda and by court rulings on the constitutionality of the state law on municipal schools and the federal issue of equal protection in a resegregated school system. But the makeup on the student population and the individual schools cannot be dictated by the courts. People vote with their feet. Resegregation is a career killer for a federal judge. William Raspberry knew that.

Categories
Opinion

Trial Dates Set on Municipal Schools Issues

courtroom.jpg

Federal Judge Hardy Mays has set trial dates for two separate questions underlying the municipal schools issue.

The trial on the constitutionality of the state law allowing the formation of districts is set for September 4th. The question is whether the law applies specifically to Shelby County. The discussion between Mays and attorneys in court Friday indicated there will be expert witnesses on the possible applicability to other counties in Tennessee.

The trial date for the U.S. Constitution “equal protection” claim is set for November 6th, which also happens to be election day. That trial, if it happens, could be a landmark, involving as it does claims of segregation in what is the biggest school system merger in American history.

If Mays rules that the law is unconstitutional, that could void the results of the August 2nd election. It now appears that the election will not only go on as scheduled, as Mays ruled Thursday, but also that the votes will be counted and the election certified by August 20th.

Mays said he would not rule from the bench in either case so, assuming the trials go forward, a resolution could be some months away. He also raised the possibility that the various parties could “spend a fortune for experts” and that some expert witnesses could possibly be used in both trials.

All in all, it was a light-hearted session after Thursday’s marathon, with Mays and the attorneys joshing about holidays, birthdays, and caseloads.

“I’ve already got 150 cases for Judge (John) Fowlkes,” said Mays of the newest member of the federal bench.