In this issue:

 

 

 

This coming election season is a critical one in terms of state political party politics and without the legislature having even convened (they convene today, the 7th) there are some key messages being sent out by our political leaders.

 

 

The Tennessee Republican Party... is making it crystal clear that the Republican Party is Pro-Life.

First, the Tennessee Republican Party, under the new leadership of Chairman Robin Smith, has done something that no predecessor ever had the courage, will, or interest in doing and it is making crystal clear that the Republican Party is pro-life. How so?

 

Well, on January 29th the Tennessee Republican Party is hosting a “prayer breakfast to celebrate Life.” While there is a charge for the event, the keynote speaker is not a politico, but Gianna Jessen, an abortion survivor who is a frequent speaker for pro-life organizations.

 

Mrs. Smith is pro-life to the core and she is to be commended for remaining true to her convictions. But the event is not just something to be done for the sake of doing something. Mrs. Smith is also politically astute and is aware of the political landscape. 

 

 

In 2000, our State Supreme Court, by a vote of 5 to 1 (Chief Justice Mickey Barker dissenting) decided to put a right to abortion in our state Constitution. To make matters worse, the Court said that all abortion laws then and in the future were subject to the highest level of “scrutiny” by the Court. After 30 years as a lawyer, I don’t recall any abortion related law that has ever survived this kind of scrutiny by a court. Thus, unlike the majority of states and probably to the surprise of most Tennesseans, Tennessee does not have even some of the most basic protections in place to ensure our women and daughters (not to mention their unborn children) are not victimized by the abortionists.  In Tennessee, there is no “informed consent” or “waiting period” requirement for an abortion.

 

Efforts to reverse that decision by putting a proposed constitutional amendment on the ballot have failed in each of the last three General Assemblies, but not for a lack of support among rank-and-file voters or even rank and file members of the General Assembly.  

 

The Senate has passed the resolution three times, but in the House, a Subcommittee under the rule of House Speaker Jimmy Naifeh (D- Covington) has killed the proposal every time…even though a majority of the House members support the proposal.

 

 

So it seems that the lines on this issue are being drawn. Mrs. Smith seems to be saying, “If you are pro-life, then you need to put Republicans in control of the House and if you are not pro-life, then the status quo is your political ticket.” She, of course, hopes there are more pro-life voters in Tennessee than not. 

 

And this year is particularly important for the pro-life community and what adds to the political drama is that if the House and Senate can’t pass the proposed amendment, then it cannot go on the ballot for the people to vote on until 2014! This next General Assembly is make or break time.

 

 

What also makes this issue so important and potentially explosive is that the Republicans only need to pick up 4 seats to control the House and elect a different Speaker. Some Democrats, like Representatives Robert Bibb, John Litz, and Nathan Vaughn regularly vote for Representative Naifeh for Speaker, but they are in areas where Republicans could win. Then there are a number of Republicans who would cast a pro-life vote on the House floor but continue to ensure they never get to cast that vote by perpetuating Speaker’s Naifeh’s pro-choice position and power by also voting for him as Speaker.

 

 

So, on the Democratic side of the aisle the big question for social conservatives this legislative session is whether Speaker Naifeh and the Democratic leadership will “free up” enough Democrats to allow the proposal to get to the floor for a vote. The problem for them is that if the bill does get to the floor it will most likely pass, something that many rank and file abortion rights Democrats will not like. This may, of course, put some of those Democrats in a position where they might be challenged by an abortion rights Democrat in a primary. On the other hand, the House leadership is well-aware that this could be an issue that defeats an incumbent Democrat (consider the importance of this issue in the victories of then Representative now turned Senator Diane Black and current Senator Jim Tracy over the incumbent Democratic Senators they beat who were on the wrong side of this issue.

 

And on the Republican side, the question is whether Naifeh-supporting Republicans will face a challenge by pro-life Republicans who will vote for a Republican Speaker. If risking the ire of pro-life Republicans in a primary does not concern them, perhaps they need to speak with Senator Raymond Finney who four years ago beat the only Senate Republican to vote against the proposed constitutional amendment. It will be interesting to see how Republican Representative Doug Overby explains to the pro-life community his votes for Speaker Naifeh if he indeed runs in a primary against Senator Finney. And the same will hold true when former Representative Jerome Cochran tees it up for a rematch against current Representative Kent Williams who says he’s pro-life, but first time up voted for Speaker Naifeh who, as indicated, has a history of opposing pro-life legislation whenever he can).

 

 

Another measure surely designed to “get in shape” for the upcoming election cycle is a bill filed by Senator Jim Kyle, Senate Democratic Leader. Senator Kyle’s bill would provide that the election commission must fine a political candidate an amount at least equal to any monies transferred from that candidate’s campaign account to himself or herself, personally. No doubt this measure is in response to the situation involving former Senator Jerry Cooper (D-Smart Station). The election commission determined that Senator Cooper had transferred $95,000 from his campaign account to his personal bank accounts, and they fined him over $100,000. 

 

Senator Cooper asked to have the fine reduced and Democrats on the State Election Commission decided to ask the Attorney General whether they can impose a fine equal to or more than the amount of money transferred. 

 

Certainly, the Commissioners should not overstep the bounds of the law or their legal authority, but no doubt Senator Kyle believes that the voting public might see this as partisan favoritism. And, no doubt Robin Smith, Republican Party Chair, will paint it that way and point out in the next election that a change in control of the House (assuming the Republicans retain control of the Senate) will mean a change in the partisan make up of the State Election Commission and all 95 County Election Commissions. Majority control over all Election Commissions comes with control of the House and Senate and control of the Election Commissions is “political territory” worth fighting over.

 

Senator Kyle must know this – he’s as politically sharp as they come. And with a majority of Senate Democrats up for re-election this year and in the face of all the scandals of the Tennessee Watlz in which three sitting Democratic Senators and one retired Democratic Senator were guilty of bribery and/or extortion and Democratic Senator Ophelia Ford having been “removed” two years ago because of election irregularities, Senator Kyle doesn’t want his Party to be seen as showing partisan favor to a colleague in trouble with the State Election Commission.

 

With the recent Iowa caucus showing that, at least in Iowa, “change is in the air,” the Republican Party may smell “political blood” and Democrats don’t want to be caught “out of shape” in the next election cycle.

 

 

In closing, some of the scandals and problems faced by our legislators do point to a need, and it is not just political. It is a need to pray for our elected officials. In fact, for Christians, such is commanded and expected. 

 

Serving in state office is very hard and very demanding. I know, I served 12 years. Conscientious legislators work long hours in and out of session at a supposedly part time job, and their pay does not come close to equaling what many, if not almost all of them, could make in the private sector. They do not have large staffs like in those in the U.S. Congress. For 10 of my 12 years, I, along with one very good Administrative Assistant, served a district of 180,000 people. There were over 500 bills before the Committees I served (up to about 1,200 one year) and that didn’t count another 300 or so bills that came to the floor from out of committees on which I did not serve. And, of course, you live in a glass house where pressure is great and criticism frequent.

 

The “system” can and will “chew you up and spit you out” if you aren’t careful. That is why many good people come into the system, but the system doesn’t change. That is why I don’t believe the system will change until we hold our legislators accountable and regularly support them with prayer. 

 

Political pressures, along with financial and time pressures, do not excuse or justify wrong behavior. Betrayal of the public trust is a serious thing. But voters remaining ignorant of how their legislators are voting and/or not voting in elections is a betrayal of the trust placed in them, as citizens, by our Constitution. And for Christians, not praying for them is to disregard the exhortation of Scripture.

 

So, how about you and me getting in political shape this season by staying informed, voting wisely, and praying for our legislators. And if you live in the great Nashville and Memphis areas, beginning January 7th, tune in to the Bott Radio network to hear the FACT Report, our one minute news and commentary about cultural and social issues in Tennessee.