Seems there are civil rights violations in TN.

[ALBliberal]

In that the voters in certain districts are no longer represented by duly elected state reps.
Shouldn’t the DOJ be able to step in?
I know. I’m dreaming. But wouldn’t this be their purview?

[RandySF]

1. SCOTUS gutted the Voting Rights Act

And issued additional rulings that gave states carte blanche to screw Black voters via redistricting.

[ALBliberal]

2. Wow. Just disbelief.

[inthewind21]

7. You

weren't aware of that fact?

[ALBliberal]

11. I was but needed your kind reminder. Thank you.

[LeftInTX]

13. This would probably not fall under the VRA

[Ocelot II]

3. The First Amendment took a beating, too. I'm sure the expelled members

are consulting with lawyers regarding violations of their right to free speech. It also appears that the TN legislature didn't even follow their own procedures for the expulsion of members, so there could be due process issues giving the expelled members the right to sue for damages or reinstatement. This is such a strange situation that I'm not sure where it will lead, legally, but the federal government itself via the DoJ does not usually interfere with the operations of state legislatures because of federalism principles.

[stopdiggin]

4. it's a thoroughtly sh*tty move on the part of

of the legislative majority. (and perhaps self-damaging over the long run?) But it seems unlikely that there is anything 'illegal' or actionable going on here (setting aside 'procedural' issues, for which I haven't the foggiest notion). But the courts or DOJ stepping in on 'constitutional' grounds? I'd be very surprised.

[inthewind21]

8. It will lead

Nowhere. And Shitty as it was, it was perfectly legal. As stated several times last night. See the US Constitution as well as the TN State Constitution.

[Ocelot II]

9. They might have a remedy if the legislature failed to follow its own procedures

for removing members. There was some reporting to the effect that the expelled members had no prior notice and were not afforded the same process given others who had been expelled in the past; and if that's true they might have a due process claim. I'm sure the lawyers will look into it. I used to teach constitutional law so I'm up on that, and I'm not convinced that everything was perfectly legal.

[Ocelot II]

12. Joyce Vance on MSNBC just agreed with me, said there was a clear 1st Amendment violation.

[Igel]

5. Most legislatures have means to eject members.

Or to refuse to seat a member.

Sometimes the rejection is even merited.

But the same claim can be made in each case.

People want to expel MTG or other Republicans from the US House? Then voters in certain districts would no longer be represented by duly elected reps.

Then again, it's the same if a rep dies or is in the hospital for a few weeks, right?

There are mechanisms for replacing unseated members. It's less clear if the majority would rather have one of their caucus out sick for 2 years.

[inthewind21]

6. No

See US Constitution as well as the TN State Constitution.

[Ocelot II]

10. Which parts of the US and Tennessee Constitutions?

If there are specific provisions in these documents that either offer or deny a remedy, what are they? Since this is an unprecedented situation there might have to be some novel legal challenges. In any event, I'd like to know which specific articles you consider relevant.

[Takket]

14. DOJ has absolutely nothing to do with how state legislatures conduct their business

[Ocelot II]

15. The individual expelled legislators might have legit civil claims

based on the First and Fourteenth Amendments, but the DoJ itself has no criminal jurisdiction over a state legislature's procedures or the ability to make them do anything.

[ExWhoDoesntCare]

17. Not necessarily

If the expulsions didn't follow established process or violated important rights like the First Amendment, then a case can be made to challenge the expulsions.

Law isn't black and white, after all, and rarely set in stone.

[ExWhoDoesntCare]

16. Taxation without representation

Since the state removed the representation of that district without regard for the will of the people, then every person in that district should sue to have all state taxes and fees suspended for every day they're without their elected representation.

That might get the attention of the traitor party.