Rhonda Willeford, Et Al. v. Timothy P. Klepper, M. D., Et Al. - Concurring In Part and Dissenting In Part

Rhonda Willeford, Et Al. v. Timothy P. Klepper, M. D., Et Al. - Concurring In Part and Dissenting In Part
M2016-01491-SC-R11-CV

I concur in much of the majority’s excellent analysis, in its framing of the issues, and in its stated decision to adopt a substantive-versus-procedural test for whether a statute violates the separation of powers clause. I write separately because I must dissent from the majority’s holding that Tennessee Code Annotated section 29-26-121(f) is unconstitutional only to the limited extent that it makes ex parte interviews mandatory instead of permissive. I see no way to avoid holding that the statute is unconstitutional in its entirety.

Authoring Judge: 
Justice Holly Kirby
Originating Judge: 
Judge Jonathan L. Young
Date Filed: 
Friday, February 28, 2020