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HB 1971

Remedies and Special Proceedings - As enacted, removes the right of a cause of action for any affected person who seeks declaratory and injunctive relief in any action brought regarding the legality or constitutionality of a state governmental action; authorizes such an action against a political subdivision of this state; does not limit any other cause of action or waiver of sovereign immunity to vindicate rights under the Tennessee Constitution or the United States Constitution. - Amends TCA Title 1, Chapter 3 and Title 49.

114th Regular Session (2025-2026) Introduced by Andrew Farmer

HB 1971 eliminates citizens' right to sue for declarations and injunctions challenging state government actions' legality or constitutionality, restricting judicial review.

Signed by Governor.
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Bill Summary · HB 1971

Legislative bill overview

HB 1971 would eliminate the legal right of individuals to bring lawsuits seeking declaratory judgments and injunctions to challenge the legality or constitutionality of state government actions. This would fundamentally restrict access to courts for citizens who believe the state has acted unlawfully or violated constitutional rights.

Why is this important

This change would significantly limit judicial review of government actions, removing a primary mechanism citizens currently use to contest state laws or policies they believe are illegal or unconstitutional. The impact would be substantial—citizens could no longer use courts to seek declarations that state actions are void or obtain court orders to stop alleged unlawful government conduct.

Potential points of contention

  • Constitutional concerns: Such restrictions may conflict with Article I of the U.S. Constitution and decades of established case law protecting access to courts for challenging government action
  • Separation of powers: Eliminating judicial review of government actions could undermine the judiciary's traditional role as a check on executive and legislative power
  • Practical impact: Citizens challenging discriminatory policies, regulatory overreach, or constitutional violations would lose their primary legal remedy, effectively making such claims non-justiciable

Compiled from official sources — confirm details with the bill’s official record.

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