2023 Tennessee House of Representatives expulsions

On April 6, 2023, the Tennessee House of Representatives voted on resolutions to expel Democratic Representatives Gloria Johnson, Justin Jones, and Justin J. Pearson for violating the chamber's decorum rules by leading personal protests for gun reform on the House floor and joining demonstrators in the chamber's public galleries during a legislative session three days after the 2023 Covenant School shooting.[1] Resolutions for the expulsions of Jones and Pearson passed with a two-thirds majority, and they were removed from office. The resolution against Johnson failed to pass by one vote, and she was allowed to retain her seat.

Gloria Johnson, Justin Jones, and Justin J. Pearson (right) pictured with Vice President Kamala Harris (center) on April 7, 2023.

The decision to expel the representatives has been called unprecedented in modern United States history,[2] with the power to expel members typically being reserved to remove members accused of serious misconduct.[3][4] The decision was condemned as authoritarian and undemocratic by a number of Democrats, including U.S. president Joe Biden,[5] former president Barack Obama,[6] and former vice president Al Gore, who served as a U.S. Senator from Tennessee from 1985 to 1993.[7] Jones, Johnson, and Pearson were dubbed by their supporters as the "Tennessee Three."[8]

The Nashville Metropolitan Council voted unanimously to reinstate Jones on April 10,[9] and two days later the Shelby County Board of Commissioners voted unanimously to reinstate Pearson.[10] Both legislators won their respective special elections to serve the remainder of their terms.[11]

Background
The House of Representatives Chamber in the Tennessee State Capitol, pictured in 2022

Tennessee House of Representatives

The Tennessee House of Representatives requires a two-thirds majority of the total membership to expel another representative.[12] In the state of Tennessee, expulsions are rare; since the Civil War, only eight representatives had been expelled before 2023.[13] Six representatives were expelled in 1866 for trying to prevent passage of the 14th Amendment, which granted citizenship to former slaves.[14] In 1980, Republican representative Robert Fisher was expelled for bribery.[15] Republican representative Jeremy Durham was expelled in 2016 for sexual misconduct.[16]

2023 Covenant School shooting and protest
Main article: 2023 Covenant School shooting
External video
video icon Video of the disturbance by Justin Jones, Gloria Johnson, and Justin J. Pearson of a session of the Tennessee House of Representatives.

On March 27, 2023, a shooter killed three students and three adults at the Covenant School, a Presbyterian private school in Nashville.[17] On March 30,[18] hundreds of protesters, joined by state representatives Jones, Johnson, and Pearson, marched onto the Tennessee State Capitol to call on lawmakers to address gun reform.[19]

Jones, Johnson, and Pearson gathered at the well of the chamber and chanted, "No action, no peace" during a proceeding that day, using a bullhorn.[20] The bullhorn was believed to be owned by country singer Margo Price, but Price later clarified that it was not hers.[21] The Speaker of the Tennessee House of Representatives, Cameron Sexton, condemned the protest, and compared it to the January 6 Capitol attack. Sexton revoked their ID card access to the State Capitol on April 3 and stripped them of their committee assignments.[22]

In the days following the demonstration, supporters of Jones, Johnson, and Pearson accused Republican legislators of fascism.[23][24] During her interview with Mother Jones, Johnson stated that she believed Tennessee was less democratic than North Korea.[25] On social media, the hashtag #TennesseeThree trended on Twitter as supporters of the legislators protested the expulsion votes.[26][27]

Expulsion votes

As the Tennessee House of Representatives is a 99-seat body, the number of votes to expel a member is 66 in order to reach the required supermajority.[28][29]

Justin Jones
Vote on expelling Justin Jones.
  Democrat voted against expulsion
  Republican voted for expulsion
  Republican voted against expulsion
  Republican didn't vote

The Tennessee House of Representatives voted to expel Jones by a vote of 72–25, split along party lines, with only one Republican, Charlie Baum, voting against the expulsion.[30][31] HR 65, the resolution to remove Jones, was sponsored by Bud Hulsey and co-sponsored by Gino Bulso, Andrew Farmer, and Johnny Garrett.[32]

HR 65 - Expels Representative Justin Jones from the House of Representatives of the 113th General Assembly.
Choice Votes  %
Green tickY Yes 72 72.7
No 25 25.2
Required majority 66.67
Did not vote/Vacant 2 2.1
Total votes 99 100.00

Gloria Johnson
Vote on expelling Gloria Johnson.
  Democrat voted against expulsion
  Republican voted for expulsion
  Republican voted against expulsion
  Republican didn't vote
  Vacant

The Tennessee House of Representatives voted 65–30 not to expel Johnson. It was short of the required two-thirds majority by one vote. The Republicans who did not support the resolution were Jody Barrett, Charlie Baum, Rush Bricken, Bryan Richey, Lowell Russell, Mike Sparks, and Sam Whitson.[33][30] The resolution, HR 64, was sponsored by Gino Bulso.[34]

HR 64 - Expels Representative Gloria Johnson from the House of Representatives of the 113th General Assembly
Choice Votes  %
Red XN No 30 30.2
Yes 65 65.7
Required majority 66.67
Did not vote/Vacant 4 4.1
Total votes 99 100.00

Justin J. Pearson
Vote on expelling Justin J. Pearson.
  Democrat voted against expulsion
  Republican voted for expulsion
  Republican voted against expulsion
  Republican didn't vote
  Vacant

The Tennessee House of Representatives voted to expel Pearson, 69–26.[30] HR 63, the resolution to remove Pearson, was sponsored by Andrew Farmer.[35] Charlie Baum and John Gillespie were the two Republicans to vote against the resolution.

HR 63 - Expels Representative Justin J. Pearson from the House of Representatives of the 113th General Assembly.
Choice Votes  %
Green tickY Yes 69 69.7
No 26 26.2
Required majority 66.67
Did not vote/Vacant 4 4.1
Total votes 99 100.00

Post-expulsions

Succession

The expulsions of Jones and Pearson left vacancies in House Districts 52 and 86. Article 2, Section 15 of the Tennessee State Constitution allows the local legislative body—in this case, the Metropolitan Council of Nashville and Davidson County and the Shelby County Board of Commissioners, respectively—to appoint an interim successor until a special election can be held. At least 29 members of the 40-member Davidson County Metropolitan Council initially vowed to reappoint Jones; the measure required a majority of members to approve it.[36] Shelby county commissioner Erika Sugarmon claimed that commissioners were threatened with cuts in state funding for certain local projects during budget negotiations if Pearson were re-seated, which was disputed by a spokesperson for the House Speaker.[37] The Democratic city and Republican legislature were already at odds due to widening political differences. During the 2022 redistricting cycle, the state legislature gerrymandered Nashville into three safe Republican seats from a safe Democratic district.[38] Further turmoil erupted when the Nashville metro council rejected a bid to host the 2024 Republican National Convention in August 2022, drawing the ire of many GOP lawmakers.[39][40] A slate of bills targeting Nashville were introduced during the 2023 session prior to the expulsions that would abruptly cut the size of the Nashville metro council in half, and take over the city's airport authority and sports authority, and cut convention center funding, among others.[41][42]

The Metropolitan Council of Nashville and Davidson County set a meeting to discuss an interim appointment to the vacant District 52 on April 10.[43] Jones was reinstated to his seat by a unanimous vote of 36–0.[44][45] The Shelby County Board of Commissioners unanimously voted 7–0 to reinstate Pearson to his seat on April 12; six of the 13 board members were not present for the vote.[46]

Jones and Pearson have both said that they plan to run for their seats in the upcoming special elections.[47]

Protests

On April 6, protesters gathered in the Tennessee State Capitol once more to protest the expulsions and reaffirm their support for gun reform legislation.[30][48]

Reactions
Jones, Johnson, and Pearson speak with President Biden and Vice President Harris, at the White House on April 24, 2023.

Following Jones' expulsion, President Joe Biden wrote that the move was "shocking, undemocratic, and without precedent."[30] Vice President Kamala Harris, who was on her way to speak in Dalton, Georgia, made a surprise visit to Tennessee on April 7 to meet with the three legislators and reaffirm President Biden's support for an assault weapons ban.[49]

Former President Barack Obama wrote, "This nation was built on peaceful protest. No elected official should lose their job simply for raising their voice – especially when they're doing it on behalf of our children."[6] Former Vice President Al Gore wrote that the expulsions resulted in a "historically sad day for democracy in Tennessee."[7] Gore served as a U.S. representative from Tennessee from 1977 to 1985, and as a U.S. senator from 1985 to 1993.

State Representative Joe Towns Jr. criticized the expulsion saying "you never use a sledgehammer to kill a gnat; we are dropping the nuclear option."[50]

Adam Kinzinger, an Illinois Republican, was also critical of the expulsions. “The GOP kicked out legislators for protesting guns. Not censure, fine etc. expelled. This is facist [sic] in nature,” Kinzinger tweeted.[51]

Conservative political commentator Matt Walsh supported the expulsions. “The Democrats led a mob into the capitol building and then tried to use the floor of the House as a staging ground for a political demonstration. They never imagined that Republicans would actually use their constitutional authority to expel them. But they did. Awesome stuff,” Walsh tweeted.[52]

Tennessee State Senator London Lamar accused the Tennessee House of racism for expelling two black representatives but not the white representative,[50] and the three representatives involved commented on the expulsions. Johnson, a white woman, was asked why she thought she was not expelled, to which she responded, "It might have to do with the color of my skin." Pearson said of his expulsion: "You cannot ignore the racial dynamic of what happened today — two young black lawmakers get expelled and the one white woman does not," while Jones described it as "a farce of democracy."[53]

State Representative Charlie Baum was the only Republican to vote against all three proposed expulsions, stating that he "[knew his] constituents, the vast majority of them didn't want these representatives expelled."[54]

See also

References
  1. Kruesi, Kimberlee; Mattise, Jonathan (April 6, 2023). "Tennessee House expels 2 Democrats over gun control protest". AP News. Retrieved April 7, 2023.
  2. "Tennessee lawmakers vote to expel 2 young Black Democrats from state House". NPR. April 7, 2023.
  3. "Two Democratic members expelled from Tennessee house over gun control protest". The Guardian. Associated Press. April 7, 2023. Retrieved April 7, 2023.
  4. Gibson, Claire; Somasundaram, Praveena; Rosenzweig-Ziff, Dan; Paúl, María Luisa; Salcedo, Andrea (April 6, 2023). "Tennessee House expels two Democrats in historic act of partisan retaliation". The Washington Post.
  5. Sforza, Lauren (April 6, 2023). "Biden decries expulsion of Tennessee lawmakers as 'shocking' and 'undemocratic'". The Hill. Retrieved April 7, 2023.
  6. Gangitano, Alex (April 7, 2023). "Obama: Expulsion of Tennessee lawmakers 'a sign of weakness'". The Hill. Retrieved April 7, 2023.
  7. Garcia, Eric (April 7, 2023). "Barack Obama and Al Gore condemn Tennessee GOP for expelling Black lawmakers". The Independent. Retrieved April 7, 2023.
  8. Suliman, Adela; Jeong, Andrew (April 7, 2023). "Who are the Tennessee Three? Here's what to know". The Washington Post. ISSN 0190-8286. Retrieved April 7, 2023.
  9. Cochrane, Emily (April 10, 2023). "Expelled Democratic Lawmaker Is Sworn Back in to Tennessee House". New York Times. Retrieved April 12, 2023.
  10. Kim, Chloe (April 12, 2023). "Justin Pearson becomes second expelled Tennessee lawmaker to be reinstated". BBC. Retrieved April 12, 2023.
  11. Edelman, Adam (August 3, 2023). "Tennessee Democrats expelled by GOP over protests win back their seats". NBC News. Retrieved August 3, 2023.
  12. "Article 2, Section 12" (PDF). Constitution of Tennessee. 1870.
  13. Gang, Duane W. (April 4, 2023). "Tennessee legislative expulsions: From sexual misconduct to opposing rights of former slaves". The Tennessean. Retrieved April 7, 2023.
  14. "TENNESSEE: Six Members of the Legislature Expelled--The Revenue Officer Robbed". The New York Times. July 25, 1866. Retrieved July 15, 2023.
  15. Daughtrey, Larry (January 15, 1980). "House Votes To Expel Fisher". The Tennessean. Retrieved July 14, 2023.
  16. "Tennessee House expels GOP lawmaker accused in sexual harassment cases". CBS News. Associated Press. September 13, 2016. Retrieved July 16, 2023.
  17. Hassan, Adeel; Cochrane, Emily (April 6, 2023). "What We Know About the Nashville School Shooting". The New York Times. Retrieved April 6, 2023.
  18. Vivian Jones; Melissa Brown (April 4, 2023). "Tennessee Capitol protest explainer: Here's what did and did not happen". Nashville Tennessean.
  19. Brown, Melissa; Fiscus, Kirsten (March 30, 2023). "'They're begging us to do something': Nashville lawmaker calls for gun reform as hundreds protest after Covenant shooting". The Tennessean. Retrieved April 6, 2023.
  20. Gregorian, Dareh (April 6, 2023). "Who are the three Democratic Tennessee lawmakers targeted for expulsion?". NBC News. Retrieved April 6, 2023.
  21. Paulson, Dave (April 6, 2023). "No, Margo Price's megaphone was not used by the 'Tennessee Three'". The Tennessean. Retrieved April 6, 2023.
  22. Fawcett, Eliza; Cochrane, Emily (April 6, 2023). "Tennessee House Ousts Democratic Lawmaker: What You Need to Know". The New York Times. Retrieved April 6, 2023.
  23. "Protesters Chant 'Fascists!' at Tennessee State Capitol as Democratic Lawmakers Face Expulsion". Storyful. April 3, 2023. Retrieved July 16, 2023.
  24. March for Our Lives Action Fund [@AMarch4OurLives] (April 3, 2023). "AT 4PM TODAY, THE TN HOUSE SPEAKER WILL DETERMINE IF THEY HAVE THE VOTES TO EXPEL REPS. JUSTIN JONES, GLORIA JOHNSON, AND JUSTIN PIERCE FOR STANDING WITH GUN SAFETY ACTIVISTS TODAY. THIS IS AN ACT OF FASCISM. CALL 615-741-2343 NOW TO STAND AGAINST THIS AND WITH ACTIVISTS" (Tweet) – via Twitter.
  25. Hayes, Garrison (April 5, 2023). "Exclusive: Defiant Tennessee Dem. Decries "March to Fascism" Ahead of Her Possible Expulsion". Mother Jones. Retrieved July 16, 2023.
  26. "Democracy is in Danger: Stand with the #TennesseeThree". Sumner County Democratic Party. April 5, 2023. Retrieved July 16, 2023.
  27. Gowen, Annie; Green, Hadley (April 8, 2023). "Tenn. GOP deepens racial tension after expelling Black lawmakers". The Washington Post. Retrieved July 16, 2023.
  28. Ficus, Kirsten; Brown, Melissa; Jones, Vivian; Wegner, Rachel; Latham, Angele (April 6, 2023). "TN House expulsion: Reps. Pearson, Jones expelled, Rep. Johnson maintains seat". The Tennessean.
  29. Ritchey, Julia (April 7, 2023). "Who were the Tennessee House Republicans who voted against expulsion?". WPLN.
  30. Andone, Dakin; Young, Ryan; Simonson, Amy (April 6, 2023). "Tennessee House expels 1 lawmaker, falls short of ousting another while 3rd awaits vote". CNN. Retrieved April 6, 2023.
  31. Friedman, Adam (April 6, 2023). "Tennessee House Republicans expel two Democrats, keep one, over gun floor protests". Tennessee Lookout. Retrieved April 6, 2023.
  32. "HR0065". Tennessee General Assembly. Retrieved April 6, 2023.
  33. Jones, Vivian (April 6, 2023). "Resolution to expel Rep. Johnson fails by one vote". The Tennessean. Retrieved April 6, 2023.
  34. "HR0064". Tennessee General Assembly. Retrieved April 6, 2023.
  35. "HR0063". Tennessee General Assembly. Retrieved April 6, 2023.
  36. Jones, Vivian; Stephenson, Cassandra (April 6, 2023). "Majority of Nashville Council members vow to reappoint Justin Jones to the state House". The Tennessean. Retrieved April 7, 2023.
  37. Scott, Lakiya (April 7, 2023). "Memphians Talk Pearson Ousting: Pearson Confirms Re-Election Plans". WHBQ-TV. Retrieved April 8, 2023.
  38. Edelman, Adam (April 11, 2023). "How redistricting brought Tennessee to this moment". NBC News. Retrieved June 15, 2023.
  39. Patton, Alicia. "Metro Council says 'no' to hosting 2024 Republican National Convention in Nashville". WKRN. Retrieved June 15, 2023.
  40. Stockard, Sam (August 3, 2022). "Metro Council catches Legislature's ire with vote rejecting Republican convention". Tennessee Lookout. Retrieved June 15, 2023.
  41. Gilsinan, Kathy (April 14, 2023). "When a Legislature Goes to War With Its State's Richest City". Politico. Retrieved April 16, 2023.
  42. Cavendish, Steve (March 30, 2023). "State vs. Metro: Can the City/State Relationship Be Repaired?". Nashville Scene. Retrieved April 17, 2023.
  43. Nottingham, Shawn; Waldrop, Theresa; Simonson, Amy; Prasad, Ritu; Elamroussi, Aya (April 10, 2023). "Nashville sends Justin Jones back to the Tennessee House days after GOP lawmakers ousted him". CNN.
  44. Crampton, Liz (April 10, 2023). "Nashville Council reinstates exiled Tennessee lawmaker". POLITICO. Retrieved April 10, 2023.
  45. Linton, Caroline (April 10, 2023). "Tennessee state Rep. Justin Jones returns to the chamber following unanimous vote by Nashville council to reinstate him". CBS News. Retrieved July 25, 2023.
  46. Edelman, Adam (April 12, 2023). "Democrat Justin J. Pearson reinstated to the Tennessee Legislature". NBC News. Retrieved April 12, 2023.
  47. Mattise, Jonathan; Loller, Travis; Kruesi, Kimberlee (April 10, 2023). "Nashville council to vote on restoring ousted state lawmaker". Associated Press. Retrieved April 10, 2023.
  48. Orr, Cheney; Brooks, Brad (April 7, 2023). "Tennessee Republicans expel two Democrats from House over gun control protest". Reuters. Thomson Reuters. Retrieved July 24, 2023.
  49. Garrison, Joey; Mazza, Sandy. "VP Kamala Harris to meet with 'Tennessee Three' in surprise visit to Nashville after expulsion over gun protests". The Tennessean. Retrieved April 7, 2023.
  50. Tamburin, Adam (April 7, 2023). "Tennessee House GOP expels 2 Democratic lawmakers". Axios. Retrieved April 7, 2023.
  51. Sforza, Lauren (April 6, 2023). "House, Senate Democrats rally behind expelled Tennessee lawmakers: 'We all lost today'". The Hill. Retrieved July 24, 2023.
  52. Matt Walsh [@MattWalshBlog] (April 7, 2023). "The Democrats led a mob into the capitol building and then tried to use the floor of the House as a staging ground for a political demonstration. They never imagined that Republicans would actually use their constitutional authority to expel them. But they did. Awesome stuff" (Tweet) – via Twitter.
  53. Cochrane, Emily; Fawcett, Eliza (April 6, 2023). "Tennessee G.O.P. Punishes 2 Democrats by Throwing Them Out of House". The New York Times. Retrieved April 7, 2023.
  54. Gadd, Chris (April 8, 2023). "One TN Republican didn't vote for lawmakers' expulsion. Here's who and why". The Tennessean. Retrieved April 15, 2023.
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