Federal Court Upholds Tennessee Bail Law

Federal Court Upholds Tennessee Bail Law

The Tennessee Attorney General's Office announced that the U.S. District Court for the Western District of Tennessee has upheld the constitutionality of Tennessee's bail-setting law as amended by House Bill 1719.

In 2024, HB 1719 amended Tennessee Code Annotated § 40-11-118 to prohibit judicial officers from considering a defendant's ability to pay when setting bail, although they may consider a defendant's employment status and history and financial condition.

The plaintiffs argued that HB 1719 violated the Fourteenth Amendment by being unconstitutionally vague, creating fundamentally unfair bail proceedings, and resulting in discriminatory wealth-based detention. In an order issued August 20, 2026, in Just City, Inc. v. Bonner, the Court rejected those claims and concluded that HB 1719 "survives constitutional scrutiny." The ruling allows Tennessee's bail statute to remain in effect as enacted by the General Assembly.

"This ruling confirms that Tennessee's bail law is constitutional and that the General Assembly acted within its authority," said Tennessee Attorney General Jonathan Skrmetti. "Our excellent attorneys worked hard on this case, and our Office was proud to defend this commonsense bail reform law."