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Capitol View commentary: Friday, March 10, 2023

Capitol View
Posted at 10:58 AM, Mar 10, 2023
and last updated 2023-03-10 11:58:45-05

CAPITOL VIEW

By Pat Nolan NEWSCHANNE5 Political Analyst

March 10, 2023

TENNESSEE LT.GOVERNOR RANDY MCNALLY ON INSIDE POLITICS

As the 113th Tennessee General Assembly charges deeper into March, the activity level continues to grow on Capitol Hill.

Of course, that means the debate and the controversy over a number of bills continue to grow as well.

The person who presides over one of the legislative chambers, the Tennessee State Senate, is Lt. Governor Randy McNally.

Every year we are honored to have him join us on INSIDE POLITICS to share his insights and wisdom on what is going on in the Legislature, and what lies ahead for the rest of the session.

We thank him for joining us.

As one of the leaders of the Republican Super Majority, Lt. Governor McNally is involved in many of the high-profile and controversial measures.

Therefore, we will be discussing the many anti-Nashville bills along with the recently approved new laws to ban drag performances in public, or in the presence of minors, as well as the new law that bans gender-affirming surgery for trans under 18, even with parental permission.

We will talk about efforts to make exceptions to Tennessee’s strict ban on abortion as well as Governor Lee’s $3 billion roads program to relieve congestion through privately build toll/choice lanes.

And yes, we do discuss the new, growing controversy about some of the social media postings of the Lt. Governor that some say show he is hypocritical on LGBTQ issues. All this has created a scandal the Lt. Governor is already apologizing for, in a separate exclusive interview with NEWSCHANNEL5’s Phil Williams.

Tune us in!

INSIDE POLITICS can be seen on its regular weekly schedule on NEWSCHANNEL5 PLUS.

Those times include:

7:00 p.m. Friday.

5:00 a.m., 3:00 p.m. and 5:30 p.m. on Saturday.

1:30 a.m. & 5:00 a.m. on Sunday.

THE PLUS is on Comcast Cable channel 250, Charter Cable channel 182 and on NEWSCHANNEL5’s over-the-air digital channel 5.2. We are also on DISH TV with the rest of the NEWSCHANNEL5 NETWORK.

One option for those who cannot see the show locally, or who are out of town, you can watch it live with streaming video on NEWSCHANNEL5.com. Just use your TiVo or DVR, if those live times don't work for you.

This week’s show and previous INSIDE POLITICS interviews are also posted on the NEWSCHANNEL5 website for your viewing under the NEWSCHANNEL5 PLUS section. A link to the show is posted as well on the Facebook page of NEWSCHANNEL5 PLUS. Each new show and link are posted early in the week after the program airs.

AFTER 60 YEARS, NASHVILLE’S 40-MEMBER METRO COUNCIL IS CUT IN HALF BY THE GOP LEGISLATURE

In an act of political revenge, and in the span of just 4 days this week, the Republican Super Majority in the Tennessee General Assembly cut Nashville’s 40 member Metro Council from 40 to 20 members. The GOP members have been angry since last year when the Council declined to have the city host the 2024 Republican National Convention.

Imposing their vengeance by overwhelming majorities, the bill quickly sailed through committees in both houses, before the full House passed the legislation on Monday night to reduce the Council’s size followed by the Senate Thursday morning. Governor Bill Lee signed into law within hours (before noon)!

This is the same quick action the Governor took last week, to sign into law, the most recent anti-LGBTQ and anti-drag show legislation, that the Legislature just approved. Why so soon, when previous governors, and Mr. Lee himself during his first term, always told reporters that it takes days, sometimes longer, for bills to be reviewed, processed and ready to be signed?

Might it be the quick signing of the Metro Council bill was Governor Lee’s way of sticking it to Nashville? Or was it because, much like the anti-gay legislation, a delayed signing would give time for opponents to start a pressure campaign for a gubernatorial veto?

This Governor has yet to wield his veto pen in his four-plus years in office. Given the weak veto power of Tennessee governors, this Metro Council bill would have been a foolish choice to be his first. The GOP Super Majority would have quickly and overwhelmingly overridden any veto effort.

State Republican lawmakers tried to hide their pay-back intentions to punish Metro by claiming the Council reduction would make Nashville’s local government more efficient and reduce costs, which is, of course, complete baloney. Nashville has had a 40-member governing body for 60 years, approved by Nashville/Davidson County voters in 1962 and again in 2017 when a referendum to reduce council size to 27 was overwhelmingly rejected. Efforts to let Nashvillians vote again on this matter were rejected out of hand by the GOP leaders, who always think they know it all. But even more than the voters? Why are these Republicans seemingly afraid to let those who have to live in Nashville, decide how its government is structured?

If Nashville has been run so inefficiently, why, in all this time, over six decades, has there never been legislation like this, even proposed? It seems for a group like Tennessee Republican Super Majority, this is happening (with more anti-Nashville bills still pending), because they are so powerful, they can make the political sun rise in the west. They can, and will likely crush, any group or person, that opposes them, gets in their way…or in Metro Nashville’s case … just makes them mad.

I attended the Metro Council meeting this week on Tuesday night. Despite a 41-page agenda with 123 items on the agenda, the session was done in under two hours, the shortest meeting of this term. But I thought I detected something of a pall over the evening. Anticipating what has now happened this week on the Hill, the mood of the Council Tuesday night seemed at times, somewhat like attending a wake where the intended honoree was beyond a quick recovery, but not quite dead.

Yes, there will be lawsuits to overturn the Council reduction measure. Legal action could come within even before the work week is out. Voters rights and minority might file their own legal action and there be filings in both state and federal court.

But even so, it’s complicated. The new law does give Nashville until May 1 to redraw its district lines and voter precincts, so the scheduled August election for district and at-large members could be held. But that means a rocket-speed process where public outreach and input will be less than the normal redistricting process. The Metro Planning Commission staff says it has already become preliminary work to redraft the district lines. But until the Council passes a resolution instructing the Planning Commission how to divide up the 20 seats between the district and at large positions they can’t get too far down the road. Another wrinkle, it seems possible, given soon-to-come lawsuits, the Council may not give that guidance, meaning it likely be impossible to meet the May 1 deadline.

If the Planning staff goes through its well received, but somewhat community outreach process it used to redraw the council lines just year to comply with the 2020 federal Census, that is another reason the May 1 deadline can’t be met, although I wouldn’t be surprised if Planning staff holds meeting to get “what input” from council members, candidates and the general public and how the lines might be redone depending on how the 20 seats are divided up.

There are still other potential twists and turns ahead. Assuming the Metro Charter is still in force, that document says the Council can only accept or reject any redistricting plan submitted by the Metro Planning Department. That could make for difficult decisions for some in the Council. Cutting down 35 districts to 20 or less (depending on how many at-large seats remain) likely means some district members could be thrown together in new districts. At the same time, some retiring, or term-limited, council members may be tempted to approve any plan so they don’t have to serve an extra year in office (provided under the new law) if the current Council won’t or can’t redraw the lines by May.

By the way, under the Metro Charter, if the Planning Commission’s plan is rejected, it is then up to the Council to draft its own plan, and then both plans are put to a referendum for voters to choose.

If all this sounds like lots more potential chaos and confusion, it is! And you can thank the vengeful Republican Super Majority for causing it.

There are yet a couple more odd twists to all this. The Tennessee Constitution says no county official can serve a term longer than 4 years. If the present Metro Council (elected in 2019) is forced do that for reasons I just outlined, then the body would be in violation. Remember the Metro Council is not just a city government. It is a county (Davidson) governing body as well. This violation of the state constitution could be the strongest legal argument Metro officials have to getting the new law thrown out in court.

But there could be a heavy price to pay along the way. Some retiring or term-limited councilmembers are threatening to resign or just not show for another year of council meetings. That could mean a lack of a quorum (27 members), preventing the Council from taking any action. A further complication is that any action or laws or resolutions passed during the extra year for this Council, could well be legally suspect on its face because its members are serving a 5th year in office in violation of the state constitution, creating perhaps even more lawsuits.

There is yet one final oddity. There was a Metro Council that served a five-year term from 1966-1971. That extra year was approved by Nashville voters in a special election in October 1965. The change in the election cycle came through amendments to the Metro Charter and moved that election cycle to an odd number year. The city wanted to be on its own election cycle and not to be on a crowded ballot at the same time as the races for governor, U.S. Senate, Congress, state House and Senate, etc. were also being decided on an even-year cycle.

From my research, I have found no effort to get permission or approval from the state to change the cycle, or any thought, that was needed. I also found no mention made of the 4-year constitutional limit on county officials’ term of office. But again, the 5-year term was specifically approved by voters in the Metro Charter amendment.

How important might all this be in any upcoming legal battle on reducing the size of the Metro Council? Who knows? But I do feel fairly confident, that those seeking to change Nashville’s election cycle 58 years ago, would have probably never thought it might figure somehow in a political fight so many years later.

The only victory for Metro Nashville supporters this week came when the bill to rename a portion of John Lewis Way for former President Donald Trump was withdrawn. The withdrawal may been made, due to a really stupid error by the bill’s sponsor. Republican Paul Sherrill of Sparta is that sponsor. Unrelated to his road name change legislation, last week in committee Sherrill asked if he could place an amendment on capital punishment legislation to “allow hanging someone from a tree.”

With historical memories of blacks being lynched in Tennessee and other southern states, there was outrage and immediate calls from the Legislature’s Black Caucus, and others, that Sherrill resign or be stripped of his committee posts.

Sherrill did apologize. But I have not seen any stories on why he ditched his street name-changing bill. Might it have been because GOP House leaders, and maybe some rank-and-file members, told Sherrill his bill was too controversial and now a political bridge way too far to pass?

METRO COUNCIL BEGINS FINAL DELIBERATIONS ON APPROVAL OF $2.1 BILLION TITANS ROOFED STADIUM AND EVENT FACILITY

Tuesday night, the current Metro Council began final considerations regarding the $2.1 billion Titans roofed stadium and event facility.

Late last year, the body approved a non-binding term sheet outlining the costs and other details of the massive project. Now the final agreement is up for consideration. The bill before the Council is 250 pages long, packed full of dense legalese as one council member put it.

Normally, this bill would be routinely approved on first reading and sent with the other first reading measures for more study in committee. But Tuesday night, this stadium ordinance will be pulled off the consent calendar and voted on separately.

The motion was for approval on first reading but then be deferred until the first council meeting in April. There were some community leaders present who seemed to want an even longer deferral or even a defeat of the bill. The measure was approved on a voice vote but with close to 10 council members asking to be recorded as no votes.

The additional time before the bill comes back up for second reading will allow for multiple study sessions and joint meetings of council committees to analyze the stadium measure where many questions will be asked of the Titans leaders and officials of outgoing Mayor John Cooper’s office.

When the bill comes back for second reading on April 4, it must pass by a simple majority. On the third and final reading on April 18, it must receive 21 votes for approval.

THE BACKLASH ON THE LATEST TRANS AND DRAG SHOW LAWS

When Governor Bill Lee last week quickly signed into law two hot-button bills, one banning drag shows in public, or in the sight of those under 18, and another measure banning gender-affirming health care for transgender children under age 18 , even with parental permission, I am sure he expected push back and criticism.

And he is sure getting it nationwide, criticism from the White House to California,while other conservative states seek to copy Tennessee’s first-in-the-nation drag restrictions.

The pushback has become a bit personal regarding Governor Lee, especially in the wake of the release of a high school yearbook photo featuring the future Governor of Tennessee in drag.

The pushback against the ban on gender-affirming care is also continuing and may soon be headed to court.

Nevertheless, at least 8 states have gender-affirming health care bans similar to Tennessee, while other states are providing protections to transgender youth.

And in an only- in- Nashville type of reaction, a number of entertainers are banning together to put on a live concert at Bridgestone Arena with proceeds to go to support LGBTQ groups.

ANOTHER DEAL TO HELP KEVIN MCCARTHY BECOME SPEAKER OF THE HOUSE BLOWS UP IN HIS FACE

To become Speaker of the U.S. House of Representatives earlier this year, Congressman Kevin McCarthy had to make numerous pledges to his ultra-conservative colleagues to get their votes to win the top leadership post in the House.

One promise was to push back, and try to discredit, the very thorough investigation by the House Special Committee, appointed while Congress was controlled by Democrats, to document how the January 6, 2021 takeover of the U.S. Capitol, to stop the certification of the 2020 election, was an insurrection and a serious assault on democracy.

Speaker McCarthy gave all the videotape of the event, including previously unseen security footage, to FOX News and more particularly Tucker Carlson exclusively. It came over the objections of Capitol Police to make sure the footage didn’t compromise future security on the Hill.

Not surprisingly, the conservative TV talk show host took selective (and many say misleading) excerpts from those tapes to show what happened was just “mostly peaceful chaos.”

Say what?!? Am I and millions of Americans going to have to get my eyes and glasses checked?

Fortunately, no.

The reports by Tucker Carlson have been roundly rejected on a bi-partisan basis.

But perhaps the biggest roadblock, to both Speaker McCarthy’s and Tucker Carlson’s efforts to whitewash what happened on January 6, is what they said about it when it happened, as well as what they really thought then about former President Donald Trump.

Speaker McCarthy

Tucker Carlson

THE LATEST ECONOMIC REPORT SHOWS STILL STRONG JOB HIRING BUT SLIGHTLY HIGHER UNEMPLOYMENT

The ever-resilient American economy showed another month of stronger than predicted job growth in February, but with slightly higher than expected unemployment.

The question will these latest economic numbers what will the Federal Reserve do about interest rates? Raise them another quarter of one percent as previously indicated, or escalate the fight against inflation but increasing the rate a half a point?

The economy remains in flux, trying to achieve a soft landing, and avoid an ever-predicted, but not here, recession. One economist is calling it the “Godot” recession, playing off the famous literary work by Samuel Beckett. The play is built around characters waiting for someone named Godot who is expected but never arrives.

What could be arriving is a big economic crash if Congress doesn’t pass an increase in the country’s debt ceiling in the next few months (by June or July). Failure to do so means the nation will default on its current debt creating a ruinous situation, unprecedented in the nation’s history.

Just coming close to it in 2011, saw the nation’s credit rating dinged, raising the cost for the nation to borrow money to be higher to this very day.

Republicans say they will raise the debt limit but only if the Democrats and President Joe Biden agree to future spending cuts. The President says spending cuts have nothing to do with paying the country’s current debts. Therefore, he says he won’t negotiate.

But this week he did unveil his new federal budget which claims to cut the nation’s debt by $3 trillion over the next decade. But it also contains increased spending, new social programs and would impose new taxes on the wealthy (those making over $400,000) to shore up Social Security and Medicare.

For decades, presidential budgets have been dead on arrival as soon as they are released and then fade into oblivion. But this budget might be different as a means to negotiate by putting pressure on Republicans to come up with their own budget and cuts which the President doesn’t think the GOP can be united enough to do.

It is a game of political chicken with massive implications that likely will continue through the spring as the debt limit clock ticks down to a summer deadline.