Tennessee Supreme Court Again Rejects Implementation of Unconstitutional Voucher Program During Appeal
On February 22, the Tennessee Supreme Court denied a motion by pro-voucher groups to lift a lower court’s permanent injunction barring implementation of Tennessee’s 2019 “education savings account” voucher law. In May 2020, the Davidson County Chancery Court ruled the voucher law is unconstitutional because it violates the Home Rule provision of the Tennessee Constitution. In August 2020, the Tennessee Court of Appeals affirmed the Chancery Court’s decision. The case is now before the Tennessee Supreme Court.
The voucher law, which passed by only one vote in the State Legislature, illegally targeted just two Tennessee counties, Davidson and Shelby, which are home to the Nashville and Memphis public schools. Legislators from the two counties overwhelmingly opposed the voucher law, which would have drained millions of dollars from two school districts that are severely underfunded by the State.
The law was challenged in court by the two counties in Metropolitan Government of Nashville & Davidson County v. Tennessee Department of Education, and by public school parents and community members in a companion case called McEwen v. Lee. The McEwen plaintiffs are represented by Public Funds Public Schools, a collaboration of Education Law Center and the Southern Poverty Law Center, as well as by the ACLU of Tennessee and pro bono by the law firm Robbins Geller Rudman & Dowd.
After the Chancery Court granted summary judgment in Metro Government, the State defendants and the pro-voucher groups that had intervened in the case unsuccessfully asked the Chancery Court to lift its injunction. The defendants were then rebuffed again by the Court of Appeals. Immediately thereafter, the defendants tried yet again, asking the Supreme Court to assume jurisdiction over the case and to stay the injunction. The Supreme Court refused both requests.
In an unusual move last month, the intervenors sought a fourth bite at the apple, requesting a “modification” of the injunction that would allow the State to take every step necessary to prepare and implement the voucher program, short of actually delivering the voucher funds. Notably, the State did not join in the intervenors’ motion.
In a one-paragraph order, and without calling for oral argument, the Tennessee Supreme Court summarily denied the intervenors’ motion.
The Supreme Court’s order to let the injunction stand is welcome news for parents and students in the underfunded and under-resourced Shelby County and Nashville public schools. While the appeal is pending, the State continues to be barred from spending any tax dollars on the voucher program.
For more information on the McEwen v. Lee litigation, visit the PFPS website.
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