Legal challenge to the Tennessee Plan dismissed
July 29, 2009
Tennessee: A lawsuit brought by attorney John Jay Hooker and Drew Johnson, president of the Tennessee Center for Policy Research, challenging the constitutionality of the Tennessee Plan, was dismissed on July 28, 2009 by the United States Court of Appeals for the 6th Circuit.[1]
The suit alleged that "Under the Plan, voters are denied their constitutional right to vote for justices of the Tennessee Supreme Court and other state appellate judges". The Sixth Circuit did not address the merits of the case, but dismissed it on the grounds that Hooker and Johnson lacked standing to bring the case to bear in federal court.[2]
Michael Barrett of the Southern District of Ohio wrote the opinion to affirm the initial dismissal of the suit from a magistrate judge.[3]
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