This article is from Tennessee Lookout
U.S. Sen. Marsha Blackburn plans to choose her replacement for the U.S. Senate if she’s elected governor in November.
Blackburn made this announcement to the Nashville Banner ahead of her primary victory in August.
But it has also raised state and federal constitutional questions because, by law, Tennessee’s governor makes the appointment and no public official has held both a U.S. Senate seat and gubernatorial office at the same time.
Blackburn’s ability to legally choose her replacement may come down to the timing of her U.S. Senate resignation and swearing into office. Tennessee’s next governor will be inaugurated on Jan. 17, 2027. If she steps down anytime before January 17, the appointment power would fall to Gov. Bill Lee.
John Vile, a constitutional expert at Middle Tennessee State University, said the mechanics of how she would choose her replacement have no precedent.
“It’s a fascinating question,” Vile said.
Lee told reporters Wednesday he didn’t want to discuss Blackburn’s statement that she would choose her replacement, and not him.
“We’ll take governors one at a time, and I don’t give advice to the next governor,” Lee said.
Blackburn won the Republican primary for Tennessee governor in August, setting up a matchup with Memphis city councilwoman Jerri Green, the Democratic nominee, and several independent candidates. Blackburn is heavily favored to win the race, as a Republican has not lost a statewide office since 2006.
The last time Tennessee replaced a U.S. Senator mid-term was in 1993, after Al Gore became Vice President. At the time, Gov. Ned McWherter chose Gore’s replacement, tapping advisor Harlan Matthews. Following state law, Matthews served until the next November election, which in his case was 1994.
Another factor that could shape Blackburn’s decision is the U.S. Senate organizing that occurs the first week in January. If Blackburn waits to resign until mid-January, her appointment choice could cause problems for Tennessee’s next U.S. Senator in securing certain committee appointments.
Jim Hall, an advisor to McWherter in the 1990s during the replacement process, said it was important for Gore to resign the seat before that process.
“From a seniority point, everything in Washington, D.C. depends on it,” Hall said.
Blackburn’s ability to choose her replacement has been a talking point since she announced her candidacy, serving as a potential reward to several of her major backers.
Damon Hininger, the former CEO of private prison giant CoreCivic, has expressed interest in the appointment and created a political organization called Believe in Tennessee to showcase it. Hininger and his wife were among the largest donors to Blackburn and to political action committees supporting her.
Other contenders are thought to be Knoxville U.S. Rep Tim Burchett and Knox County Mayor Glenn Jacobs, who serves as Blackburn’s gubernatorial campaign treasurer, and Commissioner of Economic and Community Development Stuart McWhorter.
Blackburn’s ability to appoint her replacement could also backfire, Vile said.
“She’ll make one person happy, but might make 10 people angry,” Vile said. “Appointments don’t always work out as you would think.”
_ Adam Friedman; John Partipilo contributed to this report.
