Author: Stephen Doyle, Associate Member, University of Cincinnati Law Review
Hidden beneath the midterm’s senatorial supremacy sway lay various states’ inconspicuous ballot measures. A couple received some attention, primarily initiatives regarding marijuana legalization and minimum wage increases. However, one sweeping amendment to the Tennessee Constitution, Amendment 1, has received very little attention outside of the state. The Amendment originated in response to a 2000 Tennessee Supreme Court ruling, Planned Parenthood v. Sundquist, which limited regulations the state legislature could impose on pregnancy prevention providers by subjecting the regulations to a strict scrutiny analysis. Now, after obtaining legislative approval twice and 53% voter approval, the Amendment is likely to be ratified and effectively overturn Sundquist, pending the dismissal of a suit alleging that the Amendment was not properly ratified.