UPDATE: Holding on to the silver lining

Well, the Tennessee Plan (or Modified Missouri Plan) that has prevailed in Tennessee since the 70s is taking a beating at the state capitol today.

One positive (though no more constitutional) aspect of the bill that passed out of the (Republican-controlled) Senate today (SB1573) is that it gives a governor the authority to reject all six nominees submitted to him or her from the Judicial Selection/Nomination Commission and "reach down" to pick a justice from the entire pool of persons who have been vetted by the Commission. It would be sort of like the process used on the Federal level, except that there is no Senate "advice and consent" element. And, as I alluded to above, it is not consistent with our constitution.

Another positive development in the Senate version is that the Judicial Nomination Commission will conduct its deliberations in public, though they will vote anonymously on the nominations to be submitted to the governor.

UPDATE (insert): There are two other positive aspects to this bill that I should mention (though I don't think they're really up for debate at this point). A reader reminded me that one result of a "new" commission being created is that it will automatically have a sunset date of 2011, per T.C.A. 4-29-118 (here). Another improvement on the "Tennessee Plan" is that Speaker of the House and the Lt. Governor will have freedom to appoint whomever they choose (each must pick "at least" five lawyers) to the Nominating Commission.

We need to help Lt. Gov. Ramsey be motivated to fight for these silver linings. It is not likely that either of these provisions will pass in the House's version of the TBA's bill, indeed, the only reason that the House rolled this bill last week was because the TBA's lead lobbyist, Steve Cobb, couldn't stomach it.

Accordingly, the next battle is over whether to keep this provision in the bill during a likely House and Senate Conference Committee. Ramsey will determine the membership of the Conference Committee, and after the Conference Committee's report--whatever legislative proposal emerges from the Committee, will not be subject to amendment or modification. Let Lt. Gov. Ramsey, and your respective Senator (find him or her here), know that you want him to stand strong on this issue.