Gun violence is still top of mind for a number of organizations as lawmakers from across the state convene in Nashville Tuesday for the next regular session of the Tennessee General Assembly.
In March, a shooter killed three children and three adults at Nashville’s Covenant School. Among the victims was a friend of Tennessee Gov. Bill Lee. Thousands began to show up at the Tennessee State Capitol Building to demand action gun violence from lawmakers.
Lee later proposed a series of laws to keep guns out of the hands of those who could be a threat to themselves or others. None of his Republican colleagues picked up the bills. Instead, they quickly passed the state budget and fled back to their home districts.
However, Lee brought them all back to Nashville in August for a special session. The meeting was to yield some sort of meaningful regulations to curb gun violence here. None came, really. Though one bill did cut the tax for gun locks and safes. Republicans, it seemed, had sidestepped the issue with no political damage done to their Second-Amendment stances.
However, at least two groups are not yet ready to let the gun-violence-debate fade as the GOP would like.
Rise and Shine Tennessee, a nonprofit group created during last year’s rallies against gun violence last year, will bring children aged 5-10 to Nashville to tell their stories to the media. The children will speak Tuesday morning as legislators prepare for the first day of the new session.
”It’s time to hear from the youth themselves about their desires and needs,” reads a statement from the group. “These youth are not pawns in a political game, but individuals impacted the most by inaction on gun safety.”
The group will return to Nashville Thursday with a group of high school students who have met with lawmakers, attended rallies, and sat in meetings of the legislature.
Another group will convene at Legislative Plaza Tuesday to “address gun violence and safety while upholding gun rights.” The TN11 group is comprised of 11 Tennesseans “from all sides of the ideological and political aisle,” including a firearms instructor, a former state trooper, a teacher, and a Memphis college student and activist.
”Gun violence is like a yarn ball — and not the kind that comes all rolled up and pretty — but the kind that is just everywhere,” reads a statement from the TN11 website from Memphis’ Jaila Hampton. “It’s so complex. There’s no overnight solution, and every day that we’re doing nothing, somebody is losing their life.”
This group used the online Citizens Solutions platform to help solve the divisive gun violence issue. Over the past few months, the group’s list of eight proposals on the matter were whittled down to five from more than 30,000 Tennesseans from all 95 counties. The group will present those proposals to lawmakers Tuesday.
The proposals include:
• Temporary removal of firearms based on risk of violence
• Tools to support responsible gun ownership
• Expansion of the roles of School Resource Officers
• Community investment to reduce trauma
• Gun issue literacy resources for schools, communities, and media
Another group likely to continue to speak out against gun violence here is Moms Demand Action Tennessee (MDAT). Members of that group were ever present during the special session in August with some among those kicked out of a committee room by a GOP chairman.
On Facebook Friday, MDAT posted a new ranking from the national Everytown for Gun Safety organization. Tennessee ranked 29th in the nation for gun law strength. The group said Tennessee had some of the weakest gun laws in the country with some of the highest rates of gun violence.
Shelby County Democrats called for Tennessee House Speaker Cameron Sexton (R-Crossville) to resign Wednesday, and a watchdog group wants an investigation of Sexton’s government allowance for lodging.
The Tennessee Democratic Party (TNDP) passed a resolution this weekend “demanding” Sexton’s resignation. The group also began a public campaign that will include billboards and a petition.
“Speaker Sexton has got to go,” reads the petition. “Not only did he lead the racist charge to expel Reps. [Justin] Jones (D-Nashville) and [Justin] Pearson (D-Memphis), he may not even live in the district he represents.”
The House expulsion of Pearson and Jones drew national interest. This raised Sexton’s profile, with many criticizing him for allowing his party to use such extreme measures for a modest charge of breaking decorum rules. Sexton called the protest “an insurrection.”
Reports then surfaced that Sexton secretly bought a Nashville home in 2021 and that his daughter attends a Nashville school, in a story first reported by the Substack Popular Information. This has drawn scrutiny on state residency requirements for lawmakers and put into question the per diem — the daily, taxpayer-funded allowance for food and hotel stays in Nashville — Sexton has claimed, even though he lives there.
A WKRN report then found that state Rep. Scotty Campbell (R-Mountain City) had been quietly found guilty by a state ethics committee of workplace harassment on charges of having inappropriate conversations with a 19-year-old legislative intern. Sexton did not move to expel Campbell, who resigned hours after confronted by a WKRN reporter about the situation.
The Shelby County Democratic Party (SCDP) joined the state party’s calls for Sexton’s resignation Wednesday morning. The group’s major complaint was the expulsion of Jones and Pearson. They also listed the residency concerns, the non-action against Campbell, and a certain disregard for House rules.
But they also complained about the “shocking comments” from GOP state Rep. Paul Sherrell’s (R-Sparta) during a debate on the death penalty. Rep. Scott Powers’ (R-Jacksboro) bill would have added firing squads to the state’s options for state executions.
During a hearing of the House Criminal Justice Committee, Sherrell asked if Powers would add “hanging by a tree” to the proposal. He did not. Sherell issued a rare GOP apology about his statement the following day. Later, he was quietly stripped of his seat on the committee.
SCDP said Sherell likely knew about the “racist nature of his suggestion.” Also, they said Oklahoma officials were recorded to have made similar statements.
”Had even a censure been imposed on [Rep.] Sherrell, it might have discouraged the spread of such a senseless attack on a body of people harmed by such a callous and insensitive expression of hatred,” the group said in a statement.
Also on Wednesday morning, the Washington, D.C.-based Campaign for Accountability (CFA) asked the Davidson County District Attorney General and the U.S. Attorney for the Middle District of Tennessee to investigate Sexton’s per diem requests for potential tax fraud.
“Tennessee law makes clear that only those legislators who live more than 50 miles away from the Capitol are permitted to receive a lodging per diem,” CFA executive director Michelle Kuppersmith said in a statement. “Speaker Sexton is not above the law and must be held accountable for any possible violations.”
The group claims Sexton ”appears to have gone to great lengths to hide his new Nashville residency, purchasing the house through the ’Beccani Trust,’ with only his wife’s one signature was on the deed.”
CFA analysis found that Sexton’s lodging per diems total about $79,954. They said the payments could violate Tennessee law. If so, it’s a Class B felony that could come with eight to 30 years in jail and $25,000 in fines. Sexton may have also violated federal tax law, CFA said, if he failed to report the money as taxable wages.
CFA’s complaint reminds judicial officials that the Davidson County District Attorney general prosecuted then-Nashville Mayor Megan Barry for similar charges. Those were theft of property charges stemming from domestic and international travel expenses the mayor and her bodyguard, with whom she was having an affair, improperly charged to the city of Nashville.
CFA also mentioned that, at the time, Davidson County DA Glenn Funk said, “it’s the role of the district attorney to bring charges when crimes have been committed even if those crimes are committed by public officials.”
Shortly after being sworn in on Thursday, the Tennessee Holler leaked audio of what Rep. Justin Pearson (D-Memphis) referred to as the “internal discussions the Republican party had, and has had since the expulsion of myself and Representative Jones.”
“We’re dealing with a culture at the state house that suppresses the rights of the minority, regardless of whether their actions are morally right or factually justifiable,” Pearson said. “That’s what we’re up against. People who are wielding and abusing their power against voices of dissent – against voices that are advocating for the people.”
Pearson explained that there is a responsibility to hold those elected leaders accountable, and to continue “personal advocacy” for just laws and legislation.
The Flyer spoke with Pearson about gun reform and the experiences that shaped his stance. — Kailynn Johnson
How would you describe the past few days?
In the past few days we’ve seen the movement for the end of gun violence and the need to preserve our democracy rising, and it’s been a powerful display of people power in Shelby County, across the state of Tennessee, and our country. It reinstills my sense of determination that we are on the right side of this fight.
You said that you feel like we’re on the right side of the fight, but what are you hoping for in Tennessee in terms of gun reform, and how would you like to see that shape up for the rest of the country?
I think what we would like to see are more just laws passed by the Tennessee state legislature that deal with the injustices as it relates to gun violence. We’re living under a gun violence epidemic in Memphis, Millington, Shelby County, District 86, across our state and country.
The resolution that has been offered by many people is to just keep things the same and pray they get better, instead of investing resources into changing the status quo to help support our communities, to make them safer.
We know that those opportunities, or options are out there, but the Republican party of Tennessee has committed itself to expel the voices of dissent that don’t want to have the [National Rifle Association] and gun lobbyist associations guide policy making, and instead want the people of Tennessee to guide policy making.
Have any of your experiences shaped your stance on gun reform?
This January I lost my classmate, Larry Thorn, to gun violence in Memphis, in Westwood, District 86. Larry and I graduated, but at the same time he was a beloved son, friend, grandson, and an amazing support to students at A. Maceo Walker Middle School.
He was shot. We were the same age, and yet I have the opportunity to become an elected official, and serve in the state house and Larry is gone. It isn’t fair, it is not right, it’s not just, and it’s not the way it has to be.
Everybody in this Republican supermajority, who are consistently advocating that there’s nothing more that we can do other than tolerate injustices like what happened to Larry, they’re wrong. The majority of people in our community are advocating for just laws to be passed as it relates to gun violence. Over 70 percent of people are advocating that we have laws that deal with gun safety storage, laws that deal with preventing people who shouldn’t have guns, and we have overwhelming support encompassing gun legislation.
We have to deal with a reality that in our community, people today have access to guns, and we’re going to have to take intentional efforts on preventing gun violence to stop people who have access to guns today, from ever using them to commit harm and crimes on folks. That’s going to require a much more holistic approach than we have seen in the past. It’s going to require us to think differently about preventing gun violence and to think differently about how we have gotten to where we are, which isn’t a good place for many of us, for all of us in fact. We are not safer because of the laws that are currently in place such as permitless carry.
With this issue being personal to you, is that what prompted you to take an active stance regarding gun laws? I know you said that you are an elected official, but you also actively advocated on the floor.
It was mostly the killing of six people at The Covenant School in Nashville, and the silence of people in the State Capitol to thousands of protesters who were asking us to do something, and the remembering of my own classmate, as a remembering of my mentor. Last year, Dr. Yvonne Nelson, who was killed by gun violence, urged me …. to go on the floor and say that we have to say something, and we have to listen to the people who have shown up here in our capitol to be heard.
It was silence — outside of one speech — that day on the issue of ending gun violence. There was complete silence from [House Speaker Rep. Cameron Sexton (R-Crossville)] and leaders of the Republican party, and any members who wanted to speak about the issue were told they were out of order, including myself. So, it became important for us to raise this issue, the best we knew how. In this case that was making sure that we stuck to our oath, of dissenting to the status quo and supporting our community that wants for us to speak.
Now that you’ve been reinstated, what are your next steps?
One of the first things that we’re already working on are 15 bills as it relates to ending gun violence in Tennessee, including making the executive order from Governor Bill Lee law, and passing red flag laws, similar to what Rep. Gloria Johnson (D-Knoxville) passed in the past few sessions.
Federal lawmakers are calling for the Department of Justice to investigate the expulsion of two Tennessee state lawmakers after a peaceful gun-control protest on the House floor two weeks ago.
Three Tennessee House members — Rep. Justin Pearson (D-Memphis), Rep. Gloria Johnson (D-Knoxville), and Rep. Justin Jones (D-Nashville) — faced expulsion from the body last week by the Republican supermajority that claimed the three broke decorum rules. Johnson, who is white, survived the vote. Jones and Pearson, who are Black, were expelled. Both Jones and Pearson were returned to the House by local government bodies in Nashville and Memphis.
Now, five U.S. Senators, including Sen. Raphael Warnock (D-GA) and Senate Majority Leader Chuck Schumer (D-NY), asked the U. S. Department of Justice (DOJ) to review the episode. They want to know if there were any violations of the United States Constitution or federal civil rights laws.
“Silencing legislators on the basis of their views or their participation in protected speech or protest is antithetical to American democracy and values,” the Senators said in a Wednesday letter to U.S. Attorney General Merrick Garland. “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.”
The senators want to know if the Tennessee General Assembly violated the rights of “tens of thousands of of Tennessee citizens” to be “represented by the legislators of their choice.” They also want to know if the body violated the rights of Pearson and Jones under constitutional protections against discrimination.
“The Tennessee state legislature has reportedly never previously expelled a member over purely procedural violations,” reads the letter. “Instead, previous expulsions have involved serious allegations of ethical or criminal misconduct. In taking this radical action, rather than responding to the intolerable violence inflicted upon a Tennessee community, the Tennessee House of Representatives chose to silence Black members of their own body who were protesting nonviolently, in response to violence.”
U.S. Rep. Steve Cohen (D-Memphis) has also asked for an investigation of the situation. He wrote to Garland Thursday calling the votes to expel the two a “disproportionate response to the Representatives’ breach of decorum.” For this, Cohen cited his 24 years of service in the Tennessee state Senate prior to his terms in the U.S. House.
“While all three Representatives violated the rules of the House in their advocacy, expulsion is disproportionate discipline,” Cohen wrote. “The expulsion of a legislator from a legislative body inherently substitutes the judgment of other legislators for that of the district’s constituents.
“It should be reserved for conduct that is so egregious that it makes the elected official unfit to serve. The Tennessee House of Representatives, however, removed Representatives Jones and Pearson for ‘disorderly’ conduct after protesting gun violence.
“This chilling event may have deprived these state legislators of their constitutional rights and, just as significantly, the rights of their constituents to be fully represented in the state legislature. The Tennessee House of Representatives has only expelled members twice since the Civil War. Those instances were very different.”
The first-floor auditorum of the Vasco Smith County Building has been jam-packed before, but never with so many members of the national media, as it was on Wednesday afternoon when the Shelby County Commission met to consider a vote that would return Justin J. Pearson to the state House, whose Republican supermajority had expelled him a week earlier.
It was the second time this year that Memphis had become the scene of such attention — the other occasion being the tragedy of Tyre Nichols, slain by five errant Memphis cops.
Wednesday’s event, by contrast with that one, was pure celebration.
Representatives of various TV networks were chagrined to find the plug-ins for their mics and cameras not working, but they persevered as best they could in their determination to provide live feeds to the nation. Locals were there in force as well, and other legislators from Nashville, and Congressman Steven Cohen, and — frankly, there was no counting them all.
Soon to be looking for a place to sit or stand were members of what was said to a supportive 500-person march, led by Justin Jones of Nashville and Gloria Johnson of Knoxville, the other members, with Pearson, of the Tennessee Three. Jones had been expelled, along with Pearson, for demonstrating on the House floor in favor of gun-safety legislation. Nashville’s Metro Council had voted on Monday to send hm back to the legislature.
Justin’s father was asked to open the meeting with a prayer and obliged.
Wasting no time, chairman Mickell Lowery, a constituent of Pearson’s District 86, advised Pearson, who sat expectantly on the first row, “we’re all with you.”
Lowery called the roll and promptly asked for a vote on returning Pearson to the legislature.Voting aye, along with himself, were six other Democrats — Shante Avant, Miska Bibbs, Henri Brooks, Edmund Ford, Charlie Caswell, and Erika Sugarmon.
That was a quorum, and that was a Yes.
When the seven votes were properly recorded, the crowd whooped thunderously. So much for chairman Lowery’s dutiful admonition in advance that crowd responses should be either thumbs up or thumbs down.
Responding, Pearson said the GOP’s House majority hadn’t reckoned with the Shelby County Commission. He praised the “moral courage of Memphis, Tennessee.”
He further proclaimed, “We never bow, we never break, we never bend …We’re tired of business as usual. We do not speak alone. We speak together. You can’t expel hope, you can’t expel justice … and you sure as hell can’t expel our fight.”
He concluded, “Let’s get back to work!”
There was another collective whoop, and, with that, the Tennessee state House was reconstituted as had been duly elected.
Last week’s wild ride ended with the expulsion of two Black Tennessee House members, but one of the Tennessee Three (the white one) remained. It also yielded some quality memes about the rare moment of Memphis/Nashville solidarity like this one.
Rumors swirled all over the MEMernet that Memphis could lose its funding for sporting infrastructure improvements and other projects if Justin Pearson was sent back to the Tennessee General Assembly. For guidance, many sought a statement from Memphis Mayor Jim Strickland, who they said was publicly silent on the topic.
Back in January, Justin J. Pearson, a lean, intense young Memphian with a throwback Afro, had easily beaten several opponents in a special primary election for state House District 86, earning thereby an appointment to the legislature from the Shelby County Commission. He would later be sworn in as a formally elected member of the Tennessee legislature after the Shelby County General Election of March 14th made him official.
For the March swearing-in ceremony, he wore a dashiki under a suit coat — surely a clue to the custodians of the Republican supermajority that, as the successor to the late venerable Democratic populist Barbara Cooper in House District 86, here was a sparkling new wine in an unfamiliar bottle.
At the age of 28, Pearson was already the winner of a David-vs.-Goliath struggle, having led a successful yearlong effort — with allies like former Vice President Al Gore, no less — against a proposed oil pipeline in South Memphis.
Now, his arena was the hidebound oligarchy of the state House of Representatives, managed monolithically by Republicans. He would be a member of that body for only a few more days, during which he continued to endure the rookie syndrome of being routinely denied speaking time and of having his mic turned off on the rare occasions when he happened to get the floor.
Meanwhile, elsewhere in Nashville, a troubled young assassin with an assault rifle entered a local school one morning and, before being felled by police, methodically shot to death six people, including three 9-year-olds.
Motivated by a sense of horror that pervaded all of Tennessee, Pearson insisted on addressing this issue and demanded that the House consider genuine, effective gun-safety legislation to quell what had become a national epidemic of firearms crimes.
He was joined by the entire Democratic caucus in this effort and, in particular, by two caucus colleagues — schoolteacher Gloria Johnson of Knoxville, a liberal’s liberal, and 27-year-old Justin Jones of Nashville, a silver-tongued exponent of justice and direct action like Pearson himself.
The Tennessee Three
What happened next became a worldwide cause célèbre. Denied speaking time once again, the three took to the well of the House out of order, rousing the people in the filled-up gallery, who were spillovers from the thousands-strong crowds outside who had come to the Capitol from all over Tennessee to demand action on guns, including among their shouted slogans “Fuck Bill Lee!” — a rebuke to the GOP governor who, the year before, had steered the passage of “open-carry” legislation.
The three legislators in the well chanted their message in solidarity, and, after House Speaker Cameron Sexton turned off their microphones, Pearson and Jones employed megaphones to address the galleries.
That session of the House would dissolve into a recess called by an enraged Sexton, who would shortly let it be known that the two Justins and Johnson would face an expulsion vote.
The three pathfinders, driven by their own inner sense of decorum, had found themselves in a circumstance that the great civil rights icon John Lewis at Selma had called “good trouble” — that of having to face a difficult test in the name of a good cause. In Lewis’ case in 1965, that had meant exposing oneself to police truncheons and being trampled by stallions in the pursuit of the right to vote.
Exalting in the iconic phrase, Justin Jones gave that name, “good trouble,” to the gathering predicament of the Tennessee Three, as the outside world was beginning to call them.
A vote on their survival as members of the legislative body was scheduled to take place last Thursday before a greatly amplified worldwide audience attuned to various electronic media sources.
The outcome, which saw youthful firebrands Pearson and Jones convicted via the lockstep power of the GOP supermajority, became an instant scandal, made more so by the reprieve from expulsion of Johnson by a single vote. Fairly or not, a consensus emerged that quite possibly the jurors’ racism accounted for the narrow escape of Johnson, a self-described “60-year-old white schoolteacher.”
One participant in the expulsion drama, former state Representative John Mark Windle of Livingston, was a bridge of sorts between last week’s events and another era of tumult at the Capitol in 2001. That was the time of an anti-income-tax riot, and the crowds then were fully as numerous — and as furious — as last week’s but motivated more by naked self-interest than by righteous civic indignation.
Then a young House member, Windle had been sitting in the first-floor office of then-Governor Don Sundquist, who had proposed the soon-to-be-doomed state income tax, when a brick Windle described as football-sized came smashing through one of the glass panels of the governor’s window. By contrast, the crowds last week were animated but conspicuously nonviolent.
Windle, a moderate and former Democrat, had been defeated by a conservative Republican in 2022, when he ran for reelection as an Independent. Last week, he returned to the Capitol as one of two permitted legal advisors on the floor for Johnson. The other was former House minority leader Mike Stewart of Nashville.
Perhaps their advice was useful and somewhat exculpatory. While keeping the faith with fellow crusaders Jones and Pearson, Johnson noted that she had not wielded a megaphone nor raised her voice unduly in speaking for gun-safety legislation. “What is my crime?” she demanded.
Raising Their Voices
Who, indeed, were the actual malefactors? The Tennessee Three, whose highly public moment in defiance of the House rules followed days in which they were not allowed to speak their convictions? Or the GOP supermajority, whose legislative response to the shooting tragedy at Nashville’s Covenant School had been to turn a deaf ear to the pleading crowds and call instead for more guns, proposing to arm teachers and harden school security forces? Or, for that matter, Governor Lee, he of the open-carry law, whose concessions to the NRA and the Tennessee Firearms Association over the years had been numerous and notorious?
Speaking on ABC’s This Week program this past Sunday, Justin Pearson took pains to characterize the parties to last week’s events right, starting with the protesters: “It is young people; it’s children and teenagers by the thousands, who continue to protest, who continue to march, who continue to raise their voices to say we need to do something to end gun violence, we need to make sure that we’re banning assault weapons, we need red flag laws, we need gun storage safety laws in our state that are going to help to propel this movement.
“And I pray to God to be able to use my voice as a member of the state legislature to represent Memphis and Shelby County and Millington to continue to fight to pass reasonable, sensible legislation that the majority of people in Tennessee want. The reality is we have a supermajority Republican legislature that doesn’t want to see progress, that prefers to listen to the NRA, rather than the constituents.
“And in fact, the speaker had the audacity to call some of those children and some of those parents and grandparents insurrectionists, likening them to January 6th, because they’re demanding that their voices be heard in a democracy, which is what we have a responsibility to ensure [so that] every person feels that they have a voice in democracy and will not be silenced.”
In the aftermath of it all, the world is about to change. Locally, there are complications. Rumors abound that a promised $350 million state outlay to Memphis for infrastructure improvements could be in jeopardy if the Shelby County Commission votes to reappoint Justin Pearson to the vacated District 86 House seat. A similar amount to benefit the Regional One medical center may also be on the line.
Interviewed on NBC’s Meet the Press on Sunday, Pearson acknowledged his willingness to return to the legislature via a Commission vote and warned, “I’ve already heard that people in the state legislature and in Nashville are actually threatening our Shelby County commissioners to not reappoint me or they’re going to take away funding that’s in the governor’s budget for projects that the mayor and others have asked for.”
The 13-member Commission, dominated by nine confident and assertive activist Democrats, will hold a special called meeting this week and is expected to reappoint Pearson anyhow, the torpedoes be damned. Nashville’s Metro Council will have already acted on Monday on Jones’ behalf. By some reckonings, the two could be reinstated as early as this week — though it is possible the GOP supermajority might find a way not to seat them.
“We will continue to resist.”
Meanwhile, the Tennessee House has been effectively disgraced by its action in expelling Pearson and Jones when lesser sanctions, like censure, were available for the infraction of being out of parliamentary order.
It has been ceaselessly and correctly pointed out that previous House expellees had committed actual offenses — like Republican state Representative Jeremy Durham in 2016, who was adjudged by a Speaker-appointed investigating committee to have been guilty of more than 20 separate acts of sexual harassment. (Sam Whitson of Franklin, Durham’s successor in District 65, would coincidentally — and perhaps ironically — be the only Republican who voted against expulsion for every one of the Tennessee Three last week.)
And there was the case of the House member — never quite precisely identified but widely assumed to be a certain flamboyant arch-conservative from rural West Tennessee — who, a few seasons back, urinated on the chair of fellow Republican Rick Tillis, a moderate who had been critical of the House leadership. No investigation, no calls for ouster, or even censure.
Meanwhile, each of the two Justins has become a media star and an incipient leader of a re-galvanized — and expanded — movement for justice and civil rights.
It is even possible that serious efforts to ban assault weapons and provide other remedies like red flag laws can be accelerated — though not likely in Tennessee, once known as a moderate bellwether state and now entombed in Trumpian, Deep South mediocrity.
This is a legislature — “the most mean-spirited and vindictive I can remember,” says state Representative Dwayne Thompson of Shelby’s suburban District 96 — whose idea of progress is to pass bans on drag shows, to humble and block the state’s LGBTQ community at every turn, and to make sure that transgender youths receive no medical support, nor is it any kinder to the state’s straight population — conspiring to keep labor unions out of Tennessee’s new car plants and to reject the federal government’s proffered billion-dollar bounties to expand Medicaid in an age of increased need, with the state’s hospitals desperate and failing.
Numerous liberation movements now abound, like those involving gender identity. Others simply seek the age-old chimera of economic justice.
And it passes strange that common-sense legislative efforts to protect human beings from assault by gun-wielding murderers should be controversial at all and unworthy even of discussion by a state legislature.
Pearson and Jones are at a crossroads. They stand ready to return to the place of their expulsion and use their momentum, their zeal, their eloquence, and, let us face it, their celebrity, to move the entrenched mountains of indifference and privilege there to make room for new ideas, to meet new needs, and, by their example, to summon others to the cause.
Young Pearson’s celebrity, in particular, seems to have no bounds. In addition to his multiple national talk-show appearances on Sunday, he was a cynosure that day at First Unitarian Church of Memphis, where he preached from the pulpit.
The Old Order in the legislature may attempt once more to ostracize its two outcasts upon their return and to ignore their social gospel, a mix of up-to-the-minute secularism and old-fashioned spirituality. It will doubtless try to deny the two their seats on some technicality, and a new battle could commence.
But the Republican supermajority is now on notice. As Justin Jones told NBC’s Chuck Todd on Sunday, “We are in the midst of a third Reconstruction, beginning here in Nashville. And the message is that we will continue to resist.”
“We are talking about nothing less than 75 people overruling the wishes of 78,000 people! And you’re gonna cut off debate? Give me a break! Is this a circus? If you can’t sit through a conversation or a debate on something no less than expelling a colleague … you don’t belong here!”
Democratic Representative John Ray Clemons of West Nashville spoke for thousands of Tennesseans last week as he watched his GOP colleagues turn the democratic process into meaningless procedural flimflam. It was a travesty, a mean-spirited exhibition of white men wielding power in the worst possible way.
They did it because they’re used to doing it. They did it because they’ve never paid a price for it, mostly because no one was ever watching before. It was just one of the many tricks the Republicans in the Tennessee House of Representatives used in the process of expelling three duly elected representatives. These included cutting off Wi-Fi in the galleries, postponing action until late in the day after thousands of demonstrators had arrived for the scheduled morning opening, not allowing the three lawmakers to know what would be expected of them in mounting their defense, showing unattributed video of their protests … and, well, I could go on.
It was an astonishing display of autocracy, ruthlessly leveraged by hypocritical ignoramuses — only this time, the entire world was watching — and instead of suppressing the voices of change, as they so clearly intended to do, the Tennessee GOP instead amplified them in ways they could have never imagined in their wildest fever dreams.
Prior to last week, Justin Pearson, Justin Jones, and Gloria Johnson were known only by their constituents, if that. Now they are household names, appearing on major television networks, here and abroad, meeting with Vice President Kamala Harris, and being invited to the White House. Tens of thousands of dollars are flowing into their fundraising coffers.
To those Republicans responsible, I’d just like to take a moment to say: Nice job, you racist, gun-sucking assholes. You’ve embarrassed yourselves and your state, but mostly yourselves. And it couldn’t happen to a more deserving bunch of clowns.
There. I feel better. Especially knowing these fools have helped spawn a new generation of activists, one that will stand strong against the only two arrows the Republican Party seems to have left in its pathetic quiver: a Taliban-esque, no-exceptions, anti-abortion platform and a no-permit, total open-carry, pro-assault-weapons agenda. Good luck running on those issues in 2024 and beyond.
And speaking of clowns … How about that Justice Clarence Thomas, amirite? Turns out that for the past couple of decades he’s been taking hundreds of thousands of dollars worth of luxury yacht cruises, resort vacations, and private jet rides courtesy of a right-wing Texas billionaire named Harlan Crow. Crow also founded a side-hustle PAC for Thomas’ wife, Ginni, and paid her a sweet $150,000 a year to run it.
But nope, no corruption to see here, said Clarence. He and Harlan were just friends, he said, adding that he would stop now that he knew it was wrong.
Never mind that Crow is embedded in the activist judicial group, the Federalist Society, and never mind that he has one of the world’s great collections of Hitler memorabilia. Because that’s normal. Right?
Listen, when I began my journalism career, one of the first things I was told is “don’t accept anything from a potential source, not even a cup of coffee.” The reason being, of course, that any hint of impropriety could compromise a story by calling into question the journalist’s impartiality.
The Thomas case is the very definition of compromising someone’s impartiality with favors. And, much as was the case in Nashville, it went on only because no one was watching. How is it remotely possible that the ethics code for a member of the United States Supreme Court is flimsier than that of a newspaper reporter?
It isn’t, and Thomas knows it. Otherwise, he would have reported the largesse extended to him. It’s absurd on its face. If, however, Republicans are still intent on expelling a Black man from office, I do have a suggestion.
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.
The white-majority, GOP-dominated Tennessee House of Representatives expelled two Black lawmakers Thursday (but kept one white lawmaker on the same offenses) as the country looked on.
The Memphis Flyer will capture as many reactions to the news here as we can. This thread will be updated as reactions come in throughout the day.
Reverend Al Sharpton, founder and president of the National Action Network:
“The Tennessee House’s decision to remove two Black legislators who exercised their right to free speech was a plain and simple attack on our democracy. How can you remove these lawmakers, who spoke for thousands of Black Tennesseans living under the threat of gun violence every day, but stop short of removing their white colleague and deny this is a racist action? The National Action Network stands with our Nashville Chapter in supporting their fundamental right to protest, especially against the gun violence that consistently and persistently impacts Black communities.”
JB Smiley, Memphis City Council member
“The Shelby County Commission must immediately return Representative Justin J. Pearson to the Tennessee General Assembly. This is a sad day for Tennessee. The Republican super majority in the Tennessee General Assembly has put its knee on the neck of democracy in this state and in this country. I hope people will hold the dishonorable representatives who voted to expel Representative Pearson accountable for their actions and recognize that they have a total disregard for the thousands of constituents affected by such actions.”
Joint statement by Lisa Sherman Luna, executive director, Tennessee Immigrant and Refugee Rights Coalition Votes; Tequila Johnson, executive director, Equity Alliance Action Fund; and Tikeila Rucker, political organizer, MemphisForAll:
“The power of our democracy is that the people choose our leaders to represent us, not the other way around. Our communities came together to elect Representatives Gloria Johnson, Justin Jones, and Justin J. Pearson because they are bold, progressive champions and we knew they would fight to make sure our families have opportunities to thrive. We knocked on thousands of doors, called voters across the state, and elected leaders that listened to our voices and represented our communities.
“But in the face of the growing political power of Black and brown communities, the power-hungry supermajority is doing everything they can to silence our voices and disenfranchise our communities, including ousting two young black men who were duly elected. Expelling Justin Jones and Justin J. Pearson is an unprecedented power grab that directly undermines our democracy, but it isn’t their first attack. They redrew congressional maps to break up Nashville to dilute the growing power of black and brown communities. They shrunk the size of the Nashville metro council from 40 to 20 members, forcing the city to redraw districts, eliminating leaders that represent our communities and throwing the city into political chaos. They’re coming after local authority in every city that dares challenge them. All of these attacks are tied together. They saw our power, and they’re doing everything they can to stop it.
“And let us not forget what started all of this: the House GOP’s refusal to take action to protect our children from gun violence in the wake of the terrible tragedy at the Covenant School last week. They want to distract and divide us with political stunts instead of focusing on making our schools safe.
“But we aren’t backing down. We are registering voters and organizing our communities to turn out for every election and elect leaders that will build a state that works for all of us. Just like we came together to elect Representatives Jones and Pearson the first time, we will keep showing up to elect champions, hold our government accountable, and pass policies that help our families thrive and keep our children safe. Tennessee is on the front lines of defending our democracy in this country. For years our movements have been fighting to defend and build a truly multiracial and pluralistic democracy in our state — and we won’t give up now.”
U.S. Rep. Steve Cohen:
“As a longtime state Senator and current member of Congress, I appreciate that certain rules of decorum are necessary for conducting the people’s business in our state legislature. But I view the expulsion votes today as a provocative and disproportionate response to the breach of House rules prompted by the emotions triggered by last week’s Covenant School shooting.
“I was pleased to see the effort to expel Representative Johnson fail. I wish cooler heads would have prevailed and prevented the disenfranchisement of the citizens of Memphis and Nashville the expulsions create, in addition to the special expense state taxpayers will now have in scheduling primary and general elections. Debate on the proper response to gun violence is an essential part of the democratic process. Today’s votes were an embarrassing stain on an important democratic institution.”
The Black Southern Women Collaborative:
“The expulsion of Black legislators is an unacceptable travesty that should not be tolerated in a democracy. Black people from Memphis and Nashville now have no representative in the House of Representatives. This comes at a time when one in five Black people in Tennessee cannot vote due to felony disenfranchisement. Most of the folks are in Memphis. Additionally, Tennessee voters are being purged from the voting rolls and most of the impacted people are in Memphis and most are Black.
“Jones and Pearson were willing to enact the will of the communities that elected them, and now they have been removed. There can be no confusion; this is not only an attack on democracy, but also an attack on Black people.
“Justin Pearson is an activist and organizer who worked to oppose an oil pipeline in his community. He is concerned not only about the environment, but gun violence; issues of concern to his constituents.
“The other irony in all of this is that three legislators protested the death of innocent babies who were killed at the mass shooting at The Covenant School in Nashville, yet only the Black legislators were removed. The racial inequity in this process is brazen.”
Amber Sherman and the Black Caucus of the Tennessee young Democrats have issued a petition to send Pearson back to the House:
“Justin J. Pearson was unjustly expelled from the TN State House on April 6th. His constituents deserve representation, send him back to the state House!”