Tennessee vs. Missouri (Plan)

NEW YORK, New York (Wall Street Journal) – Trial lawyers, Democrats and George Soros love the so-called Missouri Plan for choosing judges because it has empowered state bar associations and given state courts a shove to the left. Now proponents have set their sights on Tennessee, even though lawmakers there have rejected the controversial judicial selection method.

In February, the state approved a constitutional amendment to end Tennessee’s use of the Missouri Plan for selecting state judges in favor of using the federal model in which the governor’s nominees would be confirmed by the legislature. That plan must be approved by voters in 2014. At the end of June, lawmakers allowed the Missouri Plan’s judicial nominating commission to expire, consistent with the state’s intention to move to a federal model.

But with a vacancy looming on the state Supreme Court—Justice Janice Holder is retiring in August 2014—Democrats and trial lawyers are claiming the lack of a commission leaves the state without any way to fill her seat. Hence, they’re angling to get the Missouri Plan reinstated on a “temporary” basis.