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Checks and Balances

May 24, 2022

Checks and Balances

Supreme Court Justice Anthony Kennedy’s retirement, which was officially announce June 27, 2018 and set to take effect July 31, 2018, gives President Trump a rare opportunity to shift the political alignment of our nation’s highest court.Justice Kennedy has long been the swing vote of the Supreme Court, which is otherwise relatively polarized between four conservatives and four liberals.Although Justice Kennedy was himself considered a conservative, his tendency to vote with liberals on many controversial issues such as abortion and gay marriage, often made him the deciding vote.His retirement gives President Trump the opportunity to replace Justice Kennedy with someone who can be relied upon to vote conservative, which was not always certain with Justice Kennedy.Any such nomination by President Trump will, however, be subject to the system of checks and balances prescribed by the United States Constitution.



While the nomination of Justice Kennedy’s successor will be up to President Trump alone, the nominee will have to be confirmed by a Senate majority vote. Currently, Republicans holds the Senate Majority by the slim margin of 51 out of 100 votes.The midterm elections coming in November could result in a change in that majority, giving Democrats the ability to block President Trump’s nominations, and thereby giving Democrats more leverage to demand someone more moderate replace Justice Kennedy.Considering this, along with the level of recent political divide, it makes sense that the Republicans want to move fast to confirm a nomination before the midterm elections, while Democrats want to wait until after the midterm elections in the hopes that they will take enough Senate seats to claim the majority and oppose any of President Trump’s nominations. Thus, by leveraging the system of checks and balances, whoever controls congress when the nomination is presented will ultimately possess the means to influence the selection of Justice Kennedy’s replacement, despite that selection being up to the President.


While there is no predicting exactly how power will be redistributed following Justice Kennedy’s replacement and the upcoming midterm elections, this situation does provide a good example of how the system of checks and balances, which was designed by America’s forefathers to prevent too much power from being distributed to any particular group or branch of government to ensure tyranny does not replace democracy, does just that by giving each branch of government the means to limit the conduct of the others.With the United States’ 242nd Independence Day approaching, it is especially appropriate to take a moment to remind ourselves why such checks and balances were implemented to begin with and why they remain important today.

November 27, 2024
Grant Konvalinka & Harrison, P.C. is pleased to announce that two (2) of its attorneys and counselors are named to the 2024 Mid-South Super Lawyers Edition. In addition, three (3) attorneys were recognized in the Rising Stars category this year. The selected attorneys are recognized for this achievement of professional excellence and peer recognition. Each year, the Super Lawyers research team recognizes no more than 5% of Tennessee attorneys for this distinction and selects no more 2.5 % of attorneys in a state for the Rising Stars category based upon eligible candidates who are in practice for 10 years or less or 40 years old or younger.
By Sandy Vander Griend October 24, 2024
The Grant, Konvalinka & Harrison Law firm is pleased to announce that Amanda Williams and Zachary Atchley have joined the firm as an Associates. Amanda comes from the Golden State of California, specifically San Diego. Amanda attended Boston College and received a Bachelor of Arts degree in Political Science and Economics. Amanda then attended the University of Tennessee College of Law, where she was a student-attorney in the Domestic Violence Clinic and the Expungement Clinic. She was also the Pro Bono Director during her third year of law school. Amanda was previously a summer associate with Grant, Konvalinka & Harrison during law school and joined the firm after her graduation in May 2024. Amanda handles primarily domestic relations issues. In her practice, she addresses a variety of topics such as divorce, child custody, child support, and paternity issues. Amanda strives to give zealous yet efficient representation while helping clients navigate one of the most emotional and challenging periods of their lives. When not in the office, Amanda can be found kayaking the rivers of Tennessee, running along the Tennessee Riverwalk, reading a great book, or cheering for the Tennessee Vols. Zachary Atchley is the second fourth-generation attorney on his father's side who benefitted greatly from the mentorship he received from both his father, Fielding H. Atchley, and brother Trevor F. Atchley, with whom he practiced law before joining Grant, Konvalinka & Harrison P.C. Zachary practices in the areas of General Civil & Commercial Litigation, Financial and Estate Planning, Probate Administration, and Business and Corporate Law. Zachary received his B.A. from Appalachian State University Graduate in 2006. While at Appalachian State, Zachary graduated from Watauga Residential College, an alternative honors program focused on writing, discussion, complex thinking, creativity, community, and curiosity. He received a Master of Public Administration with a Nonprofit Management Concentration from the University of Tennessee at Chattanooga in 2010 and his J.D. from Lincoln Memorial University's Duncan School of Law in 2022. Law is Zachary's second-career as he has over 10 years' experience in nonprofit management, where he specialized in program development, grant writing and administration, organizational planning, and fundraising for nonprofits serving Chattanooga's disinvested neighborhoods and underserved populations. Throughout his life, Zachary has been an active volunteer, involved in both church and civic activities. As a boy scout, he earned the rank of Eagle Scout. His law school emphasized the importance of engaging in community service and pro bono work is an important part of his practice. Zachary regularly volunteers at Chattanooga School for the Arts and Sciences and Center for Creative Arts. where his daughters attend, serves as a Deacon. Sunday School Facilitator, and Worship Leader at First Christian Church Chattanooga, serves as co-president of Barking Legs Theater's Board of Directors, and serves the Citv of Chattanooga as a member of its Beer Board.
June 20, 2024
Grant, Konvalinka and Harrison congratulates one of their own, David Higney, on being invited to join the Alumni Board of Directors of the University of Tennessee Chattanooga. The University of Tennessee Chattanooga is excited to introduce the new board members. Each member brings a wealth of experience, a deep commitment to our community and a passion for supporting and advocating for UTC. The new board members include: Marla Cobb, David Higney, Joyce Lloyd, Lessie Lyttle, Walker Rhodes, Taylor Rowell, Victor Sims, and Brian Wright.
May 10, 2024
The Grant, Konvalinka & Harrison, P.C. law firm is pleased to announce that Melissa Weitzel has joined the firm as an associate. Melissa will be practicing in Business and Corporate Law, Financial Services and Transactions, Governmental and Administrative Law, Litigation, and Labor and Employment. Melissa is a Gulfport, Mississippi native and graduate of Vanderbilt University’s Law School. Prior to joining the firm, Melissa worked as a Law Fellow in Vanderbilt University’s Office of the General Counsel where she assisted with a range of higher education matters including finance, labor and employment, intellectual property, and student affairs. During law school, Melissa participated in the Intellectual Property & the Arts Clinic where she represented small businesses in trademark filings and disputes. She completed a full-semester externship with the Office of the Staff Judge Advocate at Arnold Air Force Base in Tullahoma, Tennessee, and a summer internship with USAID’s Justice for All Activity Ukraine. She served on the executive boards of the Space Law Society, the Entertainment & Sports Law Society, and OutLaw. Prior to law school, Melissa attended Mississippi State University where she graduated summa cum laude with degrees in Political Science and History. During her time as an undergraduate, she studied internationally at the University of Oxford and with Cornell University in Turin, Italy. At Mississippi State, Melissa worked as a Student Office Assistant for the Shackouls Honors College, served as Secretary-General of Mississippi Model Security Council, and as Vice-President of the College of Arts & Sciences’ Dean’s Student Advisory Council. Melissa is a member of the Chattanooga Bar Association, the Tennessee Bar Association, Young Lawyers Division, and the Southeastern Tennessee Lawyers' Association for Women (SETLAW).  In her free time, Melissa enjoys practicing her (very underwhelming) Russian language skills, being active, and traveling with her loved ones.
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The Board of Directors of Grant, Konvalinka & Harrison ("GKH"), a Chattanooga law firm, are pleased to announce the election of Kane Shepherd as Director at the firm. Kane guides clients in all aspects of real estate matters, financial and lending transactions, and mergers & acquisitions. Kane represents clients ranging from startups to businesses with large international footprints. Kane is a native of Montana who joined the firm in 2019. He received his undergraduate degree from the University of Montana, and received his J.D. with a concentration in business transactions from the University of Tennessee in 2018. Prior to joining GKH, Kane clerked at the Hamilton County Chancery Court for the Honorable Pamela A. Fleenor and the Honorable Jeffrey M. Atherton, and previously worked as a wildland firefighter for the U.S. Forest Service. To learn more about Mr. Shepherd, please visit his webpage at http://www.gkhpc.com . Contact him at 423-756-8400 or by email at kshepherd@gkhpc.com .
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