The Daily - An Extraordinary Act of Political Retribution in Tennessee

Episode Date: April 10, 2023

Last week, Tennessee’s Republican-controlled House expelled two of its members — both young Black Democrats. Emily Cochrane, a national correspondent for The New York Times, explains the story behind the extraordinary ousting and what it tells us about this moment in American politics.Guest: Emily Cochrane, a national correspondent for The New York Times covering the American South.Background reading: The Tennessee House voted to expel two Democrats after they interrupted a debate by leading protesters in a call for stricter gun laws.Here is what you need to know about the ousting.For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.

From The New York Times, I'm Sabrina Tavernisi, and this is The Daily. In a stunning act of political retribution, Tennessee's Republican-controlled House last week expelled two of its members, both young black Democrats. both young Black Democrats. Today, my colleague, Emily Cochran, on the story behind that extraordinary move and what it tells us about this moment in American politics. It's Monday, April 10th. So, Emily, you're in Tennessee, where we saw this really remarkable vote in the Statehouse on Thursday. Tell us what happened. So, the Tennessee House of Representatives voted to expel two lawmakers from the chamber. These two men, Justin Jones and Justin Pearson, are two relatively new young Black legislators who represent parts of the state's biggest cities, Nashville and Memphis. times in Tennessee. And typically, those expulsions have involved some sort of an investigation,

a lawmaker who faced criminal charges, or accusations of sexual misconduct. It's not something done lightly. But that wasn't what was going on here. There was no criminal misconduct. So what was going on in this case, Emily? Like, why exactly were these two lawmakers expelled? So it came after they led a protest on the House floor. I think this has a lot to do with an intensifying political divide between blue cities and red states like Tennessee. Over time, the state's larger cities, Nashville, Memphis, Knoxville, they have remained defiantly blue, even as the rest of the state has gotten increasingly conservative and taken increasingly hardline positions. And that tension is what we saw essentially blow up this week in Tennessee. Right. These little blue dots in the sea of red, right? So let's talk about that. Give me a sense of what those political changes have looked like in Tennessee. So it's similar to what we have seen in other states nationally, right? This used to be a state that was somewhat mixed politically, but it's become increasingly more conservative,

voting for every Republican candidate in a presidential election since the 90s. In 2020, 60% of the vote went for Donald Trump, Bill Lee, the Republican governor, won handily. So Republicans have dominated state politics, and it's allowed them in the last few months to pass and propose a bunch of bills on culture war issues. And there's a super majority in the legislature. So we've seen a lot of legislation targeting the rights of LGBTQ people in this state. Gun laws have steadily weakened. And abortion access is nonexistent after the fall of Roe.

And Emily, what about the cities? I mean, talk to me about how those have changed. So the cities in Tennessee are some of the fastest growing urban areas in the country. You've had an influx of tech workers, immigrants, all kinds of people coming from out of state and moving here to the cities. And I think with that, you've also seen a stronger progressive base in the city. They are electing more liberal Democrats. And as Republicans push through more conservative policies, it's getting harder and harder for Democrats to see how to be friends with people who are trying to take away access to health care for their children and clamping down on social issues that are really important to them. And then another deadly school shooting in America, this time at a Christian school in Nashville. Two weeks ago, there's a mass shooting.

Two weeks ago, there's a mass shooting. The suspect identified as a 28-year-old former student shot and killed three young children and three adults before being killed by police. It shocks a very close-knit church community, and a lot of people in Nashville are grieving. These parents, their lives are changed forever today. Forever. I mean, we got three nine-year-old babies that aren't going to make it home tonight. And then it brings us to a familiar place politically. Ladies and gentlemen, this could happen anywhere. It happened here today, but unless we take action, it's going to happen again.

Where there's an immediate push for gun restrictions. I didn't have one person ask me for thoughts and prayers today. They asked me for courage to come down here and do something. And Republicans make it clear that their focus is not going to be on guns. I believe that we ought to have an armed guard in every school in Tennessee. But it's going to be on toughening school security. in Tennessee. But it's going to be on toughening school security. $140 million for public schools to hire SROs and highly trained guards. There is no excuse to not have a guard at every school. Pouring millions of dollars into school resource officers and stricter security protocols at public and private schools. And in the days after the shooting, hundreds of people marched to the state legislature, rally at the Capitol. I really just

want to fight for gun control because I'm tired of my life being put second to a firearm. Students, parents, and teachers demand that the legislature take action to toughen gun laws. We just don't have a government here in Tennessee that's willing to do anything about gun laws. And in the middle of all these protests, that's when we first hear about three Democratic representatives, Justin Jones, Justin Pearson, and a woman from Knoxville named Gloria Johnson. So tell me more about these three lawmakers. Who are they? So Justin Jones and Justin Pearson are some of the youngest members of the House. They're both in their late 20s. They're both Black community organizers who have recently been elevated from being familiar faces in sit-ins and protests to the legislature, to a position of power.

protests to the legislature, to a position of power. Jones won his election in the November midterms to represent parts of Nashville. This came after he led a 61-day protest for racial justice outside the state capitol in the aftermath of the death of George Floyd in 2020. So he is a familiar face to lawmakers and a thorn in the side of this Republican majority. Interesting. So what about Pearson? So he won a special election in January to represent parts of Memphis. He helped lead a successful campaign against the construction of a crude oil pipeline that would have cut through a mostly Black neighborhood in Memphis. And even in the few weeks that he's been in the legislature, he's also emerged as one of the most outspoken members, especially after tragedies like the killing of Tyree Nichols in

Memphis. So in other words, a younger generation of Democrat, as you say, much more progressive and coming directly out of the activism and energy that followed the killing of George Floyd in 2020. What about the third lawmaker? So Gloria Johnson is a white lawmaker from Knoxville. She's a retired teacher and she's been serving on the legislature on and off for the last 10 years. She's been serving on the legislature on and off for the last 10 years. She has talked a lot about how gun violence affected her personally as a teacher when there was a fatal shooting on her school campus. And in fact, all three of them have been very open about how their lives and their activism brought them to politics. So what did the three lawmakers do as protests erupt in the Tennessee legislature? So last Thursday, days after the shooting, protesters have again packed the building,

packed the galleries of the chamber, and Republicans are proceeding with legislation as usual. This bill is designed to help a small community in my district that missed a deadline to have their wine and grocery store referendum. And every time one of these Democrats tries to pivot the debate. I want to start with, we need to do something about gun control. Turn the debate to gun control, to an acknowledgement of the hundreds of people in the building. Representative Peterson, stay on the bill. I don't want to have to start ruling out order again.

Their microphones are turned off, and they're told to stay on topic. Representative Pearson. Thank you. Again, we need to do something about gun control. Representative Pearson, this is your last warning. Either stay on the bill, or you will not be called on. This is your last warning. I'm asking you politely to stay on.

So eventually they get up, they walk to the front of the room, which is what people call the well of the chamber. They have a megaphone. They have a sign that says protect kids, not guns. Power to the people! Power to the people! And they begin to lead the protesters in chants. Power to the people, not to the NRA, not to our beliefs that allow us to be silent in the face of injustice. Power to the people. And the entire proceeding grinds to a halt. Not to talk now! Not to talk now! Not to talk now!

They literally are stopping the proceeding with a bullhorn. Right. And there are cheering on these protesters, encouraging them. We can never quit. That's what they're begging on. But each and every one of you are proof that we will not be silent. And so thank you for being here. Thank all of your colleagues for being here. You are being heard and listened to, and we will not quit. And the House goes into recess because Republicans don't know what to do, and they're scrambling to regain control of the day. By the time the whole thing ends, it's about 40 to 50 minutes. But it's clear Republicans are furious about what has just happened.

The Speaker of the House, Cameron Sexton, goes so far as to compare what happened to the violent riot on January 6, 2021. Oh, wow. Which was a completely different moment. This wasn't an effort to overturn something, to overturn the will of the voters. This was an effort to bring attention to an issue that Republicans aren't really comfortable addressing right now. So those comments alone make it pretty clear that there's going to be some form of punishment for what happened. And by Monday,

Republicans have stripped the three Democrats of their committee assignments, and they've taken away their ID access, you know, the ability to get into the garage and get into the building after hours. They're saying that the lawmakers have committed a breach of decorum. They broke the House rules about where, when, and how you're allowed to speak on the House floor, and they interrupted proceedings. And remember, Republicans have a supermajority. So the big thing they do is move to call for a vote

to expel these lawmakers from the House. And that's what you see play out on the floor on Thursday. We'll be right back. So, Emily, take us to the floor of the House chamber on Thursday when Republicans make the case that these Democratic lawmakers should be expelled. So, once again, hundreds of people descend upon the Capitol, this time in defense of the three lawmakers now known as the Tennessee Three. in defense of the three lawmakers now known as the Tennessee Three. Justin, Justin, Gloria! And the Republicans bring up the three resolutions for a vote. One week ago, we had members take it upon themselves to rush the well and stop the people's business.

It essentially feels like a trial. We have an obligation to protect the integrity of this body. And the Republican argument boils down to they knowingly violated the House rules. They tried to shred our Constitution with a bullhorn. They spoke out of turn. You have insulted this body. You have insulted your colleagues. They disrupted the proceedings.

Members that shut the order of this institution down silenced 7 million people. And there should be consequences for that. Mr. Speaker, I represent 78,000 people. And there should be consequences for that. Mr. Speaker, I represent 78,000 people. And when I came to the well that day, I was not standing for myself, but I was standing for my constituents. the lawmakers one by one has a chance to defend themselves and explain why their actions don't merit expulsion from the body. I hear a lot of talk about caring about children, but I continue to hear no one having conversations about things that will prevent gun violence from coming to our doors. And the really striking thing was when the three Democrats themselves, after days of arguing that they hadn't had the opportunity to draw attention to the protests,

to talk about gun control, essentially have an open floor to do so. But there is something that tells me it is not the rules being broken. It was what we were advocating for that folks have gotten very upset about. We were advocating for people who have been murdered in our communities. We hear from Justin Pearson. He talks about how he believes their expulsion isn't really about the fact that they violated a House rule. And in a really powerful speech. In a country that was built on a protest. He talks about how this country was built on protest.

You say to protest is wrong because you spoke out of turn. Because you spoke up for people who are marginalized. You spoke up for children who won't ever be able to speak again. You spoke up for parents who don't want to live in fear. You spoke up for Larry Thorne, who was murdered by gun violence. You spoke up for people that we don't want to care about. And that's something you also hear from Jones, who is a divinity scholar. He invokes Bible verses. And that's something you also hear from Jones, who is a divinity scholar.

He invokes Bible verses. He talks about how he was representing his constituents. This is not a temple. This is a place where we're supposed to wrestle for our democracy and wrestle ideas and give voice to 78,000 constituents each of us represents. And give voice to 78,000 constituents each of us represents. In a Republican-dominated legislature that has other priorities, that doesn't agree with this push to restrict gun access, he saw an opportunity to make sure that his constituents were still being heard against the odds. What we see today is just a spectacle. What we see today is a lynch mob assembled to not lynch me, but our democratic process. Knowing that the Republicans easily have the votes to expel him, he condemns the whole process as a farce of democracy.

Emily, what about Johnson? What does she say? So she comes with two attorneys and they make a more traditional case about her actions, about how she didn't yell, she didn't hold the megaphone, and it's more of a typical court proceeding. But what I was struck by was she also takes a moment in her closing remarks to plead with her colleagues to acknowledge and to accept the new generation. We have to welcome this younger generation who might do it a little bit differently, but they are fighting like hell for their constituents. And that's what they sent them here for. That's what they're doing. It's going to look different, you guys. The next generation always does. And it's an acknowledgement of how she's in a different position than the two of them.

them. Isn't it true that approximately at 1049 last Thursday, Representative Johnson, Representative Pearson and you gathered at Representative Johnson's desk at approximately 1049 last Thursday? Over the course of the debate for each of these three resolutions, Over the course of the debate for each of these three resolutions, the Republicans keep the debate going by asking these really pointed questions about what they did and why they did it and how they did it. And did they know that they were breaking the rules? understand to be to speak from the well as you are speaking today you were able to speak because speaker sexton recognized you in the well to be able to speak represent jones thank you i'm able to speak because the people of district 52 sent me here to speak speaker sexton is not my constituent speaker sexton is not a king speaker sexton is not god though he may want to be. He is my colleague. As this back and forth continues, the questions grow increasingly combative. And it becomes particularly stark. There is a generational and a racial divide between the two Justins, as they've become known, and these Republican lawmakers.

Just because you don't get your way, you can't come to the well, bring your friends, and throw a temper tantrum with an adolescent bullhorn. That's why you're standing there, because of that temper tantrum that day. They're accused of temper tantrums. They're questioned about why they don't want to get along. Does it not matter to you? You shut down every other voice and elevated yourself even above the very families who were going through hell because their loved ones were killed.

And it appeared to us as if in that broach of protocol, it's not about the rules. It's about that you elevated yourself above the very dead bodies that had not been put in the ground yet. And it's hard not to see a difference in how these two men are treated by this predominantly white Republican legislature. All right, we are voting on the House of Resolution 65. All those in favor, vote aye when the bell rings. Those opposed, vote no. First, it's Justin Jones.

He is the first to see a vote. Pursuant to Article 2, Section 12 of the Constitution of the State of Tennessee, I hereby declare Representative Justin Jones of the 57th Representative District expelled from the House of Representatives of the 113th Assembly of the state of Tennessee. And he is expelled with a supermajority. Only one Republican breaks party lines to vote against this. We are voting on House Resolution 64. And then it's Johnson's turn. I-65, 30 next.

House Resolution 64 fails. And she actually gets 65 votes, which means the resolution failed by one vote. Wow. And she keeps her seat. Outside, you can hear people chanting her name. Everyone is surprised. Out of order.

Out of order. Out of order. But then it turns back to Justin Pearson. I-69, 26 names. And Justin Pearson is also expelled. House Resolution 63 is hereby adopted. Without objection, the motion reeks serious table. Pursuant to Article 2, Section 12 of the Constitution of the State of Tennessee,

I hereby declare Representative Justin J. Pearson of the 86th Representative District expelled from the House of Representatives of the 103rd General Assembly of the State of Tennessee. Next order, Mr. Clark. And as it happens, the final vote, it's like the hall of the legislature explodes. Protesters who had largely been quiet the whole day to avoid getting kicked out of the gallery just start chanting and screaming.

It's deafening, these calls of shame on you over and over again. The anger is palpable. Shame on you! Shame on you! Shame on you! Shame on you! Without objection, the House stands in recess... So Jones and Pearson are expelled. But what have the events of the last few days meant for them? It's been pretty remarkable, honestly.

These are two state legislators who have now been elevated to a national profile, given the opportunity, with the eyes of the nation on them, all kinds of national media watching, to preach about gun violence, the need to restrict gun access, racism in their state, and their support for these young protesters. And now you've seen everyone from former President Barack Obama, President Biden, all of these national Democrats weigh in, talk about how unfair and undemocratic this was, circulate fundraising links. They've raised thousands of dollars in the days since. I mean, respectfully, I don't think a lot of people outside of the state of Tennessee would have necessarily known about them. And here we are. But what at a practical level will happen to them?

we are. But what at a practical level will happen to them? So there's a very real possibility this ends with them back in the state legislature. Really? How? So under the rules governing this whole process, the governing bodies in their counties can appoint someone to fill the seat until a special election. And in Nashville, it seems pretty clear that there are the votes to name Jones back to that open seat as early as Monday. And it's likely that both men will run again for their seats and they will do so now with a war chest filled with donations from appreciative voters across the country. So, Emily, I'm listening to your telling of this story and thinking really, you know, this did not go that badly for these lawmakers. On the contrary, it raised their national profile. They now have a war chest. And, you know, in some ways,

I don't know, to me, it looks like own goal for Republicans, right? This kind of backfired. I think that's why a lot of people in this state, a lot of political observers, are almost bewildered about why the Republicans chose to pick this fight and chose to give them this kind of platform. I will say the conservative base is pretty happy with what happened. And in a state where, quite frankly, the majority of elections are now decided in Republican primaries as opposed to general elections, for lawmakers, I think that's what matters. The hard right is praising them for fighting, for showing how to deal with a so-called insurrection. This is what happens now. They're happy with this. They say this is how it should be done. So Emily, in some ways, this is where we are

with politics in America right now, right? Like each side speaking only to its base, not to each other. It's really like a performance intended for an audience that's sometimes even outside the state completely. Like the more traditional route for these lawmakers who felt unheard in some ways would have been to work within the system, focus on changing the power dynamic from the inside by persuading voters in elections, right? But that's not what happened. Right. Because if you're one of these Democrats,

how do you find compromise with this particular brand of Republican majority? This is a Republican supermajority that is willing to wield their power in what seems like any way they can to squash concern or pushback from these Democrats who represent these little blue dots in red states. ultimately these Democratic lawmakers end up back in their seats, the fact that Republicans took this step at all, I think raises concerns about the precedent it sets, not only in Tennessee, but across the country, about the steps a supermajority is willing to take to punish duly elected members of the minority. Emily, thank you. Thank you for having me. We'll be right back. Mifepristone. It was an unprecedented order that, if it survives court challenges, could make it

harder to get abortions in states like New York and California, where the procedure is legal. The drug, part of a two-pill regimen that accounts for about half of all abortions in the country, will continue to be available in the short term. The judge, Matthew Kaczmarek, suspended his own ruling for a week to give the federal government time to ask an appeals court to intervene. Less than an hour after the ruling came down, a judge in Washington state issued another ruling, which contradicted that of the Texas judge. The conflicting orders appear to create a legal standoff that will likely end up in the Supreme Court. Today's episode was produced by Asta Chaturvedi,

Ricky Nowitzki, Will Reed, Alex Stern, and Diana Nguyen. It was edited by Mark George, Lisa Chow, and Patricia Willans. Contains original music by Marian Lozano and Rowan Niemisto. And was engineered by Chris Wood. Special thanks to William Davis. Our theme music is by Jim Brunberg and Ben Lansford of Wonderly. That's it for The Daily. I'm Sabrina Tavernisi.

We'll see you tomorrow.