Another Reason to Dump AG Plan

Cordova residents unhappy with the thumbs down our State Attorney General gave their de-annexation effort can put part of the blame on our state government.

Tennessee is the only state in the union that has an attorney general appointed by the state Supreme Court. What this means is this individual is not elected nor is he appointed by the people’s choice for governor as other states do. He is put in place by justices. That means no matter how conservative the state is, these liberal judges control our lives.

This issue surfaced in 2010 when attorneys general around the nation decided to protest the Affordable Care Act. About 26 of them – almost all the Southern states – moved to signed onto one lawsuit against the U.S. departments of Health and Human Services, Treasury and Labor. Top state lawyers filed the complaint immediately after the president’s signing ceremony.

But Tennessee was not one of them. That is because Robert E. Cooper, Jr., was sworn in as Attorney General for the State of Tennessee on November 1, 2006. He was appointed by the Supreme Court to serve an eight-year term. He is a Democrat from Chattanooga who served as Legal Counsel to Governor Phil Bredesen from 2003 to 2006. His dad served on the state supreme court from 1974-90. Even though the state’s residents may be against Obamacare by a big majority, this one man held up our ability to get out of it.

Now he has turned his partisan eye on Cordova. The residents had no say in their annexation and were, many believed, duped. That doesn’t matter to him. Democrats favor suburbs supporting failed city programs so no suit for you, if you will.

According to WMC:

In his analysis, he said that the Tennessee Constitution establishes the process for the creation and alteration of municipalities and their boundaries. He also said the General Assembly provides the exclusive methods by which municipalities may be created, merged, consolidated and dissolved and by which municipal boundaries may be altered.

Cooper confirmed under state law that any de-annexation referendum must be initiated by the legislative body of the incorporated city or town, like Memphis City Council, by passing an ordinance calling for a referendum on the issue.

The Shelby County Election Commission rejected the referendum request from Cordova residents in May for similar reasons.

It was said then by legal experts that a city, not citizens, must initiate a de-annexation effort.

Doesn’t sound very democratic, does it?

State Senator Brian Kelsey is a Republican in Nashville who has been calling for our state attorney general selection to be changed. He has made efforts in that direction, but a vote to change it failed by one uninformed vote. Kelsey has promised to try again.

At least Cooper’s term will be up in 2014.

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