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

Case Number
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
Case Name
Rhonda Willeford, Et Al. v. Timothy P. Klepper, M. D., Et Al. - Concurring In Part and Dissenting In Part
Date Filed
Dissent or Concur
This is a dissenting opinion
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