We talk a lot about the difference between judges appointed by former President Donald Trump and those appointed by President Joe Biden or former President Barack Obama. One needs to look no further than the Supreme Court’s decision to overturn Roe v. Wade to understand what a huge impact a judge’s ideology can have. But sometimes, a law is so blatantly unconstitutional that it doesn’t matter who the judge reviewing that law is. Tennessee’s anti-drag law is one such measure — not so much a law as it is bigotry wrapped up in legalese. On Friday, a Trump-appointed federal judge rightly struck it down.
Sometimes a law is so blatantly unconstitutional that it doesn’t matter who the judge reviewing that law is.
Earlier this year, Tennessee Senate Bill 3 was passed overwhelmingly by both houses of the state Legislature and signed by Republican Gov. Bill Lee. But there are situations in which lawmakers pass, and a governor signs, a law that no judge, regardless of their judicial philosophy, can seriously think is constitutional. Imagine, for instance, a law that is so vague that it’s impossible to say what types of activities violate that law. Envision another law that is so overbroad that it attempts to outlaw conduct that is legal. And finally, conjure up yet another law that burdens one of our most dearly protected liberties, the freedom of speech. Now combine all three and you have Tennessee’s anti-drag law.
Senate Bill 3 was designed to ban drag shows (referred to in the law as “adult cabaret entertainment”) in public places or places where children are present. If you’re not exactly sure when this law would apply, and when it wouldn’t, you’re not alone. And if you’re concerned this law might target and outlaw speech and expression that the government doesn’t like, again, you’re not alone. In fact, you agree with U.S. District Judge Thomas Parker, appointed by Trump in 2018. As Parker ruled, the law “reeks with constitutional…
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