Your voice can stop this attack on rights - tell your legislators to oppose this bill today
This proposal would tie the hands of Tennessee families and small businesses when the state itself oversteps its bounds. Under current law, any person who believes a state agency or official has acted illegally or unconstitutionally can ask a court for a declaration that the action is invalid, or an injunction to stop it from taking effect. This bill strips away that fundamental right whenever the opponent is the state government, leaving citizens powerless to challenge overreach in our courts. You would still be able to sue your city or county—but not the very people writing and enforcing the rules you live under.
Imagine a teacher, parent, or entrepreneur who sees a state department violate your constitutional rights—perhaps mandating a policy that contradicts the free-speech guarantees of the First Amendment, or enforcing an administrative rule that violates due process. Today, you can ask a judge to review that action before it’s too late. After this change, that same state department could issue unlawful orders with near impunity, knowing you cannot seek injunctive relief against it. This isn’t a tweak to streamline government; it is a full-scale denial of your day in court when challenging state power.
This amendment sneaks in under the guise of technical revisions to Title 1, Chapter 3 and Title 49, but its effect is anything but minor. By codifying a one-way waiver of sovereign immunity—allowing suits only against local governments—it undermines the very checks and balances that protect all Tennesseans. When government can act without fear of timely court review, mistakes become policy, rights become afterthoughts, and good people are left without recourse.
We cannot stand by as our constitutional protections are quietly eroded. Every Tennessean deserves the ability to defend their rights in court, whether the opponent is a small city hall or the governor’s office. Tell your legislators to reject this attack on due process and preserve the people’s right to hold their government accountable. Democracy depends on it.
Related Bill
AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3 and Title 49, relative to causes of action.
As enacted, removes the right of a cause of action for any affected person who seeks declaratory and injunctive relief in any action brought regarding the legality or constitutionality of a state governmental action; authorizes such an action against a political subdivision of this state; does not limit any other cause of action or waiver of sovereign immunity to vindicate rights under the Tennessee Constitution or the United States Constitution. - Amends TCA Title 1, Chapter 3 and Title 49.
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