Bredesen wins Supreme Court selection case

Davidson County Chancellor Ellen Hobbs Lyle says need for diversity on court is a valid reason for rejecting nominees

Email | Print By Ken Whitehouse

Davidson County Chancellor Ellen Hobbs Lyle has ruled today, a day earlier than she had said she would, in the ongoing Supreme Court nomination controversy. The winner: Governor Phil Bredesen.

Lyle ruled that Bredesen had the right to reject a panel of nominees when he cited "a need for diversity" among the reasons for passing over the nominations of Covington attorney J. Houston Gordon and Memphis attorney George T. "Buck" Lewis, III.

Bredesen rejected their nominations from the Tennessee Judicial Selection Commission after Davidson County Chancellor Richard Dinkins, who is African-American, withdrew his nomination for the states highest court. The court has not had an African-American justice since the retirement of A.A. Birch in August.

Also in her ruling, Lyle stated that Gordon, who was re-nominated by the commission, was disqualifed because he had already been rejected. She has ordered the commission to supply Bredesen with another nominee to consider along with Appeals Court Judge William Koch and Memphis Judge D'Army Bailey, who were on the second panel.

The selection commission might want to hold off making that recommendation, because an appeal of Lyle's decision appears to be in the works by Gordon.

Charles W. Bone, an attorney for Gordon, told NashvillePost.com: "We have received the Judge's order and are reviewing it. We have always thought that this matter would be resolved by the Tennessee Supreme Court."

However, one member of the selection commission, speaking on the condition that his name not be revealed, told NashvillePost.com that the controversy should be over. "We found out what we wanted," the commission member said. "We needed clarification; we got it. We need to proceed with the process."