US Senate confirms Mark Norris as West Tennessee federal judge, leaving state majority leader seat open

Mariah Timms
The Tennessean
Senate Majority Leader Mark Norris - Wednesday, May 10, 2017, in Nashville, Tenn.

Senate Majority Leader Mark Norris has been named as a federal judge in West Tennessee, leaving his position open in the state senate.

The U.S. Senate voted Thursday evening to confirm Norris in a close vote 51-44 vote.

“I recommended Senator Norris to the president, and I strongly supported Mark’s nomination,” U.S. Sen. Lamar Alexander said in a statement. “He is respected by his peers around the country, having been elected chairman of the Council of State Governments, and has been an advocate and a champion for federalism and for the separation of powers.”

President Donald Trump nominated Norris to the bench in July 2017. The West Tennessee jurisdiction includes Memphis. After that nomination ran out, he was re-nominated in January.

Trump still needs to sign off on the confirmation before it takes effect. Once he does, Norris is expected to resign from the state Senate, leaving his seat in Tennessee's District 32 open. 

The Senate also confirmed Eli J. Richardson, a Nashville attorney, to the bench in the Middle District over Nashville and its surrounding area. 

State government experience

Norris, who hails from Collierville and has served in the legislature since 2001, was expected to be a gubernatorial candidate, given his vast knowledge of state government and the budget process.

"Mark Norris has made Tennessee a better place as senate majority leader and he will continue to do so as a federal judge for West Tennessee. Personally, I thank (Morris) for carrying our legislation these last eight years and for his great public service to our state," Gov. Bill Haslam said in a tweet Thursday.  

His federal appointment shakes up things at the statehouse, given that Norris has been among the senators who have been a driving force deciding the fate of some legislation.

U.S. Sen. Bob Corker released a statement after Norris was confirmed Thursday evening. 

“Mark Norris has long been a devoted public servant in Tennessee, and I am pleased he will continue to serve our state as a federal district court judge,” Corker said. “I am confident Mark will faithfully uphold the Constitution and serve West Tennesseans with integrity as he has throughout his terms in the state legislature. I congratulate him on his confirmation and thank my colleagues for supporting his nomination.”

The nomination also creates a void in the Tennessee Senate leadership.

Norris remained in his Senate role throughout the confirmation process. In January, he told a Senate GOP caucus that he didn't trust the Senate body to follow through on the nomination. 

"I’m not going to resign the seat which my constituents have elected me or this leadership for which you elected me," Norris said at the January meeting. 

Governor Bill Haslam  and Senate Majority Leader Mark Norris, R-Collierville give each other knowing looks before the Governor  delivers his State of the State address at the Tennessee State Capitol Monday Jan. 29, 2018, in Nashville, Tenn

Void in the Senate

The Senate Republican caucus elections are scheduled for Dec. 3. It is not immediately clear how Norris' seat will be filled after his resignation. 

Sen. Jack Johnson, R-Franklin, is a potential candidate for replacing Norris as Tennessee Senate majority leader.

Sen. Mike Bell, R-Riceville, is also expected to vie for the state senate position. 

"Mark has been a smart and thoughtful legislator," Lt. Gov. Randy McNally said in a statement Thursday. "He will be a smart and thoughtful judge. I have proudly served with Mark for many years. I have always admired the care and thoroughness he brings to public service.

"As our Senate Majority Leader, Mark has been an indispensable asset not just to the Senate but to state government as a whole. While we will all miss his keen mind, sound judgment and strong leadership in state government, we can take comfort in the fact our federal courts have gained an outstanding judge," McNally said.

Norris’ nomination drew opposition from a number of groups, including the NAACP Legal Defense Fund and the liberal advocacy group the Alliance for Justice — partly because of his well-established record of opposing gay marriage.

Norris said during his confirmation hearing that gay marriage was settled law in the wake of a landmark 2015 ruling by the U.S. Supreme Court and that he would follow it as a precedent if confirmed to the bench.

Middle District appointment

Corker also released a statement congratulating Richardson on his appointment. 

“Eli Richardson has quite a distinguished career having served as a FBI agent, federal prosecutor, U.S. embassy legal adviser and private attorney," Corker said. “His diverse background and knowledge in civil and criminal matters will serve the Middle District well. I was honored to recommend Eli for this position, and I am glad his confirmation will help alleviate the high caseload in the Middle District.”

Richardson, a former U.S. Attorney and FBI agent, has worked with Nashville firm Bass, Berry & Sims in recent years.

He graduated from Vanderbilt Law School in 1992. He was admitted to the Tennessee Bar in 2004, according to his listing at Bass, Berry & Sims. 
 
Joel Ebert, Jordan Buie and Michael Collins contributed to this reporting. Reach Mariah Timms at mtimms@tennessean.com or 615-259-8344 and on Twitter @MariahTimms.