Brent Taylor Repeatedly Pushed Laws to Supersede Memphis Officials’ Authority — ProPublica

Not two weeks after the Tennessee legislature carved Memphis into three congressional districts this spring, in a move designed to eliminate Democratic representation, Republican state Sen. Brent Taylor made his electoral expectations clear in a photo posted on social media. 

Taylor and U.S. Rep. Tim Burchett, a fellow Republican, sat side by side on the U.S. Capitol steps. “My friend Tim Burchett showing me the dadgum ropes,” Taylor wrote in a Facebook post.

On May 7, the same day that the new districts were approved, Taylor had announced his bid to represent the redrawn Congressional District 9, which for more than four decades had stood as the state’s sole majority Black district. During that time, it covered mostly the Memphis area; it now stretches across half the state and is majority white.

Taylor, 58, already has a track record with many of the voters he is now seeking to represent in Washington, D. C.: In his nearly four years as a state senator, he has taken steps to strip authority from local officials elected by many of those same voters. With the backing of a Republican supermajority, Taylor, who is white, pushed through half a dozen laws that superseded the power and priorities of local politicians.

Around the country, state legislatures from both parties have used preemption laws to control local governments. That tactic has been embraced by Republican-dominated statehouses in recent years as a way to restrict the ability of Democratic-led cities to enact policies state leaders disagree with, including protections for civil rights, public health and workers. 

Memphis has long struggled with high rates of violent crime that have begun to fall only in the last couple of years. This is where Taylor focused his legislative efforts. He led the charge to prohibit judges from considering a defendant’s ability to pay when making bail decisions. He has tried to oust Steve Mulroy, the first Democrat elected as Shelby County district attorney in 25 years, and pushed through legislation authorizing the state to review every decision made by his office. And he co-sponsored a law that voided the Memphis City Council’s ban on police stops for minor traffic infractions, which had been passed after the 2023 beating death of Black motorist Tyré Nichols.

The question of how to keep communities safe has drawn divergent political approaches in Memphis — from Mulroy’s focus on rehabilitation as part of his effort to lower violent crime, to Taylor’s emphasis on aggressive prosecution and incarceration. Those approaches can mean very different experiences for the people of Memphis, which makes up most of Shelby County. Some elected officials and criminal justice experts warn that the laws Taylor has championed will embolden police to detain drivers without justification and the criminal justice system to lock up more people for longer periods in the already overcrowded county jail, where more than 65 people have died since 2018. 

“I think he’s very dangerous for Shelby County, and he’s going to be very dangerous for the Ninth District if he gets elected,” said former Shelby County General Sessions Court Judge Bill Anderson, referring to how Taylor’s policies could especially harm Black men. Anderson retired in May 2025 after clashing publicly with Taylor over bail reform measures. (Anderson supported them; Taylor opposed them.)

Taylor is favored to win because of redistricting by Tennessee Republicans after a U.S. Supreme Court ruling in April made it harder to challenge gerrymandering that dilutes the Black vote. The Mississippi native, who lives in an antebellum-style mansion in a tiny and heavily white community east of Memphis, has loaned his congressional campaign $1.5 million. The candidate made millions after selling his funeral home businesses to a private equity firm. 

Taylor’s opponent is state Rep. Justin J. Pearson, a 31-year-old Black Democrat who has taken a very different approach to what the district needs. Pearson has called for addressing the root causes of crime by improving schools and economic opportunities instead of a singular focus on incarceration. He first made national headlines for his role in stopping the construction of an oil pipeline in a Black Memphis neighborhood. He is also one of two Democratic legislators expelled by the Republican supermajority after leading a protest calling for gun control following a 2023 school shooting. With deep family roots in southwest Memphis, Pearson has positioned himself as the better fit for the historically Democratic Ninth Congressional District. He has also received support from national Democrats and has outraised Taylor in campaign donations.

Taylor, who declined to be interviewed for this story, has said that the laws he has championed prioritize public safety. He did not respond to detailed questions.

But John Pfaff, a professor at Fordham School of Law who has studied how state preemption laws impact prosecutors, said tough-on-crime laws like the ones Taylor helped pass have historically been “a form of social control against disliked minority groups” under the guise of public safety.

Non-urban voters, Pfaff said, “do feel, however incorrectly, sort of victimized by expanding civil rights” that urban voters choose. While these voters cannot cast ballots in city elections, he said, they have another path by which to exert power: “If the suburbs and rural areas control the governor’s mansion and the state legislature, they then can use their power there through preemption laws that finally tell Memphis what they want Memphis to do.”

Prohibiting Limits on Police Traffic Stops

In January 2023, the month Taylor took office, the nation was shaken by video of violent policing in Memphis.

A street surveillance camera and police body cameras captured what happened after undercover Memphis police officers pulled over 29-year-old Nichols just a few blocks from his mother’s home. For three minutes, officers repeatedly punched the unarmed man in the face, hit him with a baton and kicked him as he screamed for his mom. Nichols would die from his injuries in the hospital three days later.

After pressure from Nichols’ family and community organizers, the Memphis City Council unanimously passed an ordinance in April of that year barring police from pulling motorists over for minor traffic violations, such as a broken tail light, as a pretext for investigating an unrelated, more serious crime. Research shows that these stops are disproportionately used to detain Black drivers, undermine the public’s trust in police and create unnecessary police encounters that can turn deadly. 

Taylor, who had been in the state Senate for a few months when the city ordinance passed, said it made the public less safe by limiting the potential for police to investigate more serious crimes. The next year, he and state Rep. John Gillespie, a Shelby County Republican, sponsored legislation that prohibited local government from curbing law enforcement’s ability to conduct traffic stops, effectively undoing Memphis’ ordinance.

Nichols’ mother, RowVaughn Wells, pleaded with lawmakers to drop the bill. Speaking on the Senate floor, Taylor responded, saying that as a funeral home director, he empathized with the Nichols’ family, but “we can’t let that empathy, Mr. Speaker, cloud our judgment in protecting 7 million Tennesseans.”

Taylor’s intervention suggests “that Memphis voters don’t know what their best interests are,” said Martavius Jones, who was chair of the Memphis City Council when the city ordinance passed. “What we were trying to do would not jeopardize the safety of anyone — not even in Memphis, but much less the rest of the population of Tennessee.” 

Tennessee Gov. Bill Lee, a Republican, told reporters before signing the law that no one should limit police in their enforcement methods and officers should be held accountable for their actions.

“I think what’s most important for us to remember is that we can give law enforcement tools,” Lee said, “but we’ve got to hold law enforcement to a standard of using those tools appropriately, where there’s an appropriate interaction with the public.” 

Eight months after Tennessee lawmakers passed Taylor’s preemption bill, the U.S. Department of Justice released its investigation of the Memphis Police Department, finding that its aggressive traffic enforcement had harmed Memphians. The Justice Department recommended that the city limit the use of pretextual stops. Such police activity enabled the “regular use of excessive force with impunity” and unlawfully discriminated against Black residents, the Biden administration’s report said. When President Donald Trump took office in 2025, his Justice Department retracted those findings. 

Over the last year, law enforcement has ramped up the use of such stops, especially in immigration enforcement, as Trump’s Memphis Safe Task Force — a collection of more than two dozen state and federal law enforcement agencies, including the National Guard — descended upon the city. Taylor supported the effort, testifying before the U.S. Senate days before it began that the task force would “succeed in doing the hard work to infiltrate gangs and arrest more routine criminals.”

Unprecedented Scrutiny of a District Attorney

Since his first year in the state Senate, Taylor had also been working to displace the decision-making authority of another locally elected office: district attorneys, especially Mulroy, one of Tennessee’s two Democratic county prosecutors. Taylor called him a “far-left zealot” who “has the potential to make the scourge of violent crime even worse.”  

In 2023, Taylor sponsored a law that transferred the power to review certain death penalty cases from county prosecutors, who are elected, to the state attorney general, who is appointed by the state Supreme Court. While the law applied statewide, it disproportionately impacted Shelby County, where half of the state’s 40 death row prisoners were prosecuted. The law, Mulroy said at the time, “effectively disenfranchises the voters” who chose their district attorney. 

Taylor would go on to further weaken Mulroy’s office following Trump’s 2025 deployment of his crime task force to Memphis. As arrests soared, Taylor worked to place the district attorney’s decisions under unprecedented scrutiny, saying he wanted to ensure that the prosecution of task force cases was as aggressive as the task force itself. 

One new law, co-sponsored by Taylor, authorized the state attorney general to review every case that comes through Mulroy’s office, including those that stem from arrests made by Trump’s task force, “to ensure the proper administration of justice necessary to protect the safety of the community.” The dispositions of each case, along with bail recommendations, would be reported to legislative leaders. 

Republican state Rep. Andrew Farmer, who introduced the bill in the House, noted that it is designed to ensure that “all crimes that deserve to be prosecuted are prosecuted.” 

Mulroy is “just going to have to work harder and ensure that people are continuing to stay safe,” Farmer said on the House floor. “We want Memphis to continue on the path that it’s going —  up.”

The state’s district attorneys general conference, led by Republican former District Attorney Stephen Crump, opposed an early version of the bill, which would have applied to district attorneys across the state, because it could lead prosecutors to second-guess their decisions. He dropped his objections after the bill was narrowed to apply to only Mulroy.

That law has another provision aimed at Mulroy as well: If he declines to prosecute specific categories of crime, the state attorney general can ask the state Supreme Court to intervene by installing a temporary district attorney who would then decide whether to prosecute. Taylor has long sought to limit Mulroy’s authority, and the provision would be a way to do so. Mulroy said the effect would be “an unelected shadow DA operating in parallel to the duly elected DA.” 

“Prosecutorial discretion and prosecutorial independence is a key fundamental part of our criminal justice system,” Mulroy said. “It’s clear under both the text of the Tennessee constitution and Tennessee Supreme Court case law, and this bill does great violence to those principles.”

Taylor co-sponsored a second law, passed in May, that requires Mulroy’s office to report to the state and the U.S. Department of Justice within 10 business days every time it has entered into a plea deal, or dismissed or lowered the charges on a felony offense that resulted from a task force arrest. 

“Memphis residents deserve confidence that the significant investments being made to combat violent crime are matched with accountability at every level of the justice system,” Gillespie, who co-sponsored the bill in the House, said at the time. 

Taylor argued the reporting requirements were necessary to give the federal government an opportunity to prosecute cases Mulroy dismissed. In a post on X and a statement made before the U.S. Senate Judiciary Committee, he called Mulroy “the weak link” in the task force’s efforts. He’s also claimed, without evidence, that Mulroy refuses to prosecute crimes.

In a rebuttal, Mulroy noted that more than 40,000 defendants are prosecuted by his office each year.

Mulroy has sued to stop both laws, claiming they are unconstitutional because they unfairly single out Shelby County and create an administrative burden. The lawsuit is pending in state court. Meanwhile, Mulroy has objected to his staff spending time on the reporting requirements, which he called “pointless busywork.” 

Mulroy’s election in 2022 as the county’s first Democratic district attorney in more than two decades came on the heels of a year with a record number of homicides. But Republicans’ tough-on-crime approach had grown unpopular with voters, and Mulroy vowed to be an alternative. He promised to deprioritize the prosecution of low-level offenses such as marijuana possession and shoplifting; emphasize rehabilitation such as drug treatment, mental health counseling and job training; and establish a unit to examine the validity of convictions.

One of the people who campaigned for him was William Arnold, who had spent nearly seven years in state prison before his conviction was dismissed following examination by a Davidson County conviction review unit. The community organizer said he saw Mulroy’s candidacy as a way to “support someone who could help Memphians in a different way.”

To see Mulroy’s power being muted by Taylor is disheartening, Arnold said. But that is not surprising to him, given how the state legislature has long treated the predominantly Black city, including replacing the Memphis Shelby County Schools’ elected board with a state-appointed one.

Bail Calculator Scrapped

Among the preemptive legislation Taylor has sponsored, a 2023 effort stood out: the dismantling of a bipartisan effort to ensure Shelby County’s bail practices did not discriminate against poor people, who are disproportionately Black.

Under state law, magistrates are to “impose the least onerous conditions” when deciding bail and should set bail “as low as the court determines is necessary” to assure the defendant returns to court.

But in practice, hundreds of people were being detained at the Shelby County Jail simply because they couldn’t afford bail, according to Just City, a Memphis criminal justice reform organization, which along with the American Civil Liberties Union threatened to sue the county in 2021 for violating existing state law. Being jailed while awaiting trial can cause arrestees to lose jobs and child custody, the organizations argued.

In August 2022, the organizations and county officials — including Mulroy’s predecessor, Republican District Attorney Amy Weirich — agreed on a new bail order that included an “ability to pay” calculator. 

That tool quickly drew Taylor’s ire, and by the following January he had co-sponsored a bill to kill it, characterizing the calculator in a Senate Judiciary Committee meeting as a way of “essentially asking defendants how much money they happen to have in their pocket so that they can make bail.”

The bill’s supporters said judges should prioritize public safety when deciding whether to release defendants. “There is blood running in the streets of Memphis today because they’re letting people out,” state Rep. William Lamberth, a Republican, said on the House floor.

State law requires judges, when setting bail, to consider several factors, including a defendant’s financial condition. And Josh Spickler, executive director of Just City, said that’s exactly what the tool helped judges do. 

Under Taylor’s law, however, “the defendant’s ability to pay shall not be considered.”

“That tied our hands as judges,” Anderson, the former Shelby County judge, said in an interview. 

A 2025 University of Memphis study found that the median bail amount increased after Taylor’s law took effect. And the law’s impact falls hardest on Black residents, Anderson said, because they are more likely to be low-income and make up a disproportionate share of Shelby County jail occupants. 

“To those of us in the system, it’s obvious what he’s doing,” said Anderson, who resigned in 2025 with six years left of his eight-year term. “He called them reform acts, but they’re not reform.”