There is no shortage of stupid when it comes to local governments in Nashville and Memphis. This time at the direction of Mayor John Cooper, Nashville Metro Council is on the prowl to make sure that the city works to subsidize corporations who offer to help moms get an all-expenses paid trip to the baby-killing destination of their choice.
On August 16, 2022, the Metro Council amended Davidson County’s “Do Better Bill” in an effort to understand “whether the qualified company provides its employees with benefits that include transportation, accommodation, and related costs when necessary to obtain medical treatment that is otherwise unavailable in the employees’ home state, including reproductive healthcare treatment such as abortion.” See the legislation here.
This means that when companies apply with Davidson County for grants and incentives via tax abatements, Nashville will now evaluate the company’s worthiness to receive these tax incentives based on whether or not they pay for abortions for their employees. The new ordinance now signed into law by Mayor Cooper is not only sick and depraved, it is entirely unlawful and unconstitutional.
Since the overturning of Roe v. Wade via the Dobbs case in the US Supreme Court, abortion will be completely illegal in the state of Tennessee on August 25th because of a trigger law that was enacted in 2019 by the Tennessee General Assembly. But protections in Tennessee go just a bit further. It is important to also see what our state constitution has to say on the matter.
Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.
Article I, Section 36
Constitution of the State of Tennessee
This constitutional provision is critical to understand concerning abortion in our state. First, there is no right to an abortion and no funding required. Yet, according to Nashville’s new ordinance, the city is now placing a perceived burden on a business to provide funding for abortions in order to receive tax incentives from Davidson County.
But let’s go a step further. Our constitution also clearly states that laws concerning abortions are to be made only by the General Assembly. Meaning, no municipality or political subdivision, including counties and metropolitan governments in our state, has any jurisdiction or inherent legal authority to promulgate rules, ordinances, or any sort of public policy concerning abortion, rights to abortion, the funding of abortions, or anything else concerning the matter of abortion. That power resides solely within the General Assembly.
What needs to happen? The Attorney General needs to take immediate action to see that this ordinance is repealed by the Metro Council immediately on their own accord, or that the ordinance is enjoined by the court.
But in my opinion, something else needs to happen. It is way past time that we see some accountability within the ranks of elected officials. For two years now, we have watched bureaucrats get away with murder when it comes to mandates, masks, and the like. We have watched officials exert an authority they do not have. And after all of the harm that has been done to families and businesses across our state, no one is held accountable.
In Tennessee, elected officials are expected to follow the law, and also not take actions that exceed their lawful and constitutional authority.
TCA § 8-47-101 provides that elected officials may be removed from office for misconduct and willful neglect of their lawful duty. TCA § 8-47-102 gives power to the Attorney General’s office to initiate prosecution of offending elected officials in the courts and have them removed from office.
But here is the legal provision that I really want you to pay attention to. TCA § 8-47-109 prescribes a duty to the Governor that “whenever [he] has knowledge that reasonable grounds exist” for an elected official to be removed from office that he “shall…direct the attorney general and reporter, or district attorney general, or county attorney, or city attorney, as the case may be, to institute and prosecute the same against the offending officer.”
The Governor has a duty to act. The real question is, when can conservatives expect to see real and substantive leadership coming from Governor Bill Lee’s office? Should we expect that the Governor would use his lawful authority to defend the Constitution and to defend the right to life in our state?
As of August 25th, abortion will be illegal in the state of Tennessee. The actions of Mayor John Cooper concerning abortion are illegal. And the ordinance passed on August 16th by the Metro Council is unconstitutional. And they know it.
What say you, Governor? Can you muster the courage required to lead and use the power of the Attorney General’s office to reign in elected officials who refuse to obey the law? Will you really defend life in our state?
Or are you just all talk? The ball is in your court. And we are watching.
Nashville baby-killing death cult (a.k.a. Metro Council) passes unconstitutional ordinance to fund abortions.
There is no shortage of stupid when it comes to local governments in Nashville and Memphis. This time at the direction of Mayor John Cooper, Nashville Metro Council is on the prowl to make sure that the city works to subsidize corporations who offer to help moms get an all-expenses paid trip to the baby-killing destination of their choice.
On August 16, 2022, the Metro Council amended Davidson County’s “Do Better Bill” in an effort to understand “whether the qualified company provides its employees with benefits that include transportation, accommodation, and related costs when necessary to obtain medical treatment that is otherwise unavailable in the employees’ home state, including reproductive healthcare treatment such as abortion.” See the legislation here.
This means that when companies apply with Davidson County for grants and incentives via tax abatements, Nashville will now evaluate the company’s worthiness to receive these tax incentives based on whether or not they pay for abortions for their employees. The new ordinance now signed into law by Mayor Cooper is not only sick and depraved, it is entirely unlawful and unconstitutional.
Since the overturning of Roe v. Wade via the Dobbs case in the US Supreme Court, abortion will be completely illegal in the state of Tennessee on August 25th because of a trigger law that was enacted in 2019 by the Tennessee General Assembly. But protections in Tennessee go just a bit further. It is important to also see what our state constitution has to say on the matter.
This constitutional provision is critical to understand concerning abortion in our state. First, there is no right to an abortion and no funding required. Yet, according to Nashville’s new ordinance, the city is now placing a perceived burden on a business to provide funding for abortions in order to receive tax incentives from Davidson County.
But let’s go a step further. Our constitution also clearly states that laws concerning abortions are to be made only by the General Assembly. Meaning, no municipality or political subdivision, including counties and metropolitan governments in our state, has any jurisdiction or inherent legal authority to promulgate rules, ordinances, or any sort of public policy concerning abortion, rights to abortion, the funding of abortions, or anything else concerning the matter of abortion. That power resides solely within the General Assembly.
What needs to happen? The Attorney General needs to take immediate action to see that this ordinance is repealed by the Metro Council immediately on their own accord, or that the ordinance is enjoined by the court.
But in my opinion, something else needs to happen. It is way past time that we see some accountability within the ranks of elected officials. For two years now, we have watched bureaucrats get away with murder when it comes to mandates, masks, and the like. We have watched officials exert an authority they do not have. And after all of the harm that has been done to families and businesses across our state, no one is held accountable.
In Tennessee, elected officials are expected to follow the law, and also not take actions that exceed their lawful and constitutional authority.
TCA § 8-47-101 provides that elected officials may be removed from office for misconduct and willful neglect of their lawful duty. TCA § 8-47-102 gives power to the Attorney General’s office to initiate prosecution of offending elected officials in the courts and have them removed from office.
But here is the legal provision that I really want you to pay attention to. TCA § 8-47-109 prescribes a duty to the Governor that “whenever [he] has knowledge that reasonable grounds exist” for an elected official to be removed from office that he “shall…direct the attorney general and reporter, or district attorney general, or county attorney, or city attorney, as the case may be, to institute and prosecute the same against the offending officer.”
The Governor has a duty to act. The real question is, when can conservatives expect to see real and substantive leadership coming from Governor Bill Lee’s office? Should we expect that the Governor would use his lawful authority to defend the Constitution and to defend the right to life in our state?
As of August 25th, abortion will be illegal in the state of Tennessee. The actions of Mayor John Cooper concerning abortion are illegal. And the ordinance passed on August 16th by the Metro Council is unconstitutional. And they know it.
What say you, Governor? Can you muster the courage required to lead and use the power of the Attorney General’s office to reign in elected officials who refuse to obey the law? Will you really defend life in our state?
Or are you just all talk? The ball is in your court. And we are watching.
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Gary Humble
Gary Humble