Political analysis: High court handicaps Gov's race

Has the Tennessee Supreme Court already declared a winner in the governor's race?

Email | Print By Ken Whitehouse

Tennessee Supreme Court Justices William M. Barker, Janice M. Holder, Gary R. Wade, and Cornelia A. Clark

How much of a forgone conclusion is next Tuesday's governor's race? How about this for starters: The Tennessee Supreme Court has already declared a winner.

That's right. You heard me. In the case of Bryson v. Bredesen, the state found for the defendant, Gov. Phil Bredesen. It's over, plaintiff incurs court costs, we are adjourned.

Let's look at this another way. A candidate for governor just saw his legal advisor appointed by the justices of the Tennessee Supreme Court to an eight-year term as Tennessee's Attorney General, one week before an election... and no one noticed.

Sure, we all noticed that Bob Cooper, who will be sworn in at 3:15 this afternoon in the Old Supreme Court Chambers of the State Capitol, was selected for the job. But don't you think that if the justices of the Tennessee Supreme Court thought State Sen. Jim Bryson (R-Franklin) had even the most remote chance of being elected next week, they would have held off and consulted him as to who should succeed Paul Summers?

The responsibilities of being Tennessee Attorney General and Reporter are defined by the state constitution. That person is the chief legal officer for the state and represents all state agencies in matters of civil litigation, among a myriad of other responsibilities.

To put it even more bluntly, in the ongoing "discussions" as to who will be appointed to replace Justice A.A. Birch on the Tennessee Supreme Court (yes, we still have that battle to deal with after the election), members of the Tennessee Judicial Selection Commission have only agreed on one thing: The Attorney General is the governor's lawyer.

In that light, would the state's highest court put Bredesen's staff attorney in a position where he would have to spend the next four years representing the guy that beat his boss of just a week before? Not likely.

If the unlikely happens and Bryson pulls his own "Music City Miracle" to beat Bredesen, it will be a late night next Tuesday. Unlike the U.S. Senate race, which looks to be a nail biter, this late night will not be between Republicans or Democrats.

The bidding war between Bass, Berry and Waller, Lansden will have begun, as to who will get Cooper.