Mary L. Wagner

During her March 2024 confirmation hearing before the Tennessee General Assembly, she described herself as “both an originalist and a textualist” and stated that precedents should be overturned only “sparingly and cautiously,” according to the Tennessee Bar Association.

Following her confirmation to the Tennessee Supreme Court in March 2024, Justice Wagner stated that judges are “advocates not for a client, but for the law and our legal system[.]”

At her investiture, Justice Wagner described the American legal system as “the best legal system in the world” that, while “not perfect,” is “ingenious in many ways” and “a civil way to resolve disputes and ensure that our Constitution and our laws are upheld.”

In State v. Johnson, In re: Nashville Banner (2026), the Supreme Court of Tennessee, in an opinion authored by Justice Wagner, held that court records generally must remain open to the public unless there is a compelling reason to seal them. The case began after several documents connected to a criminal case were secretly sealed without a written court order. The Nashville Banner challenged the secrecy and argued the public had a right to see the filings. The Court agreed and ordered the records released, explaining that judges must make detailed written findings before sealing records.

In Wygant v. Lee (2025), the Supreme Court of Tennessee, in an opinion concurred in by Justice Wagner, upheld Tennessee’s 2022 House redistricting map and dismissed a challenge to the Senate map. After the 2020 Census, lawmakers redrew voting districts, and two voters argued the new maps violated the Tennessee Constitution by unnecessarily splitting counties and improperly numbering Senate districts in Davidson County. A lower court ruled the House map was valid but found the Senate map unconstitutional. The Supreme Court agreed the House map was lawful because county splits were justified by population changes and federal voting-rights laws. The court also ruled the Senate challenge could not continue because the voter did not show a direct personal injury. Justice Mary L. Wagner joined the majority opinion written by Justice Sarah Campbell upholding the House map and dismissing the Senate challenge.

In Long v. Chattanooga Fire and Police Pension Fund (2025), the Supreme Court of Tennessee, in an opinion authored by Justice Wagner, considered whether a firefighter with PTSD was entitled to disability pension benefits after the pension board denied his application. Lower courts said he should receive benefits because the policy was unclear and should be read in favor of the employee. The Supreme Court disagreed, saying the policy was clear, “unexpected” meant not normally part of a firefighter’s job, and the board’s decision was supported by evidence. It reversed the lower courts and held the denial was not arbitrary or unfair, making it harder to win similar PTSD pension claims.

In McNabb v. Harrison (2025), the Supreme Court of Tennessee, in an opinion authored by Justice Wagner, decided whether a municipal judge had to live in the city where they served. Robin McNabb argued that the Tennessee Constitution required the judge to live inside Lenoir City, but Gregory Harrison argued that he only needed to live in the larger county or judicial district. The court disagreed with Harrison and held that the Constitution’s word “district” meant the specific city or area where the court had jurisdiction. Because Harrison did not live in Lenoir City for the required time, the court found he was ineligible. The case clarified residency rules for local judges.

In Edwards v. Peoplease, LLC (2025), the Tennessee Supreme Court, in an opinion authored by Justice Wagner, ruled that workers can receive workers’ compensation benefits when a workplace accident makes a preexisting condition worse, even if the injury does not permanently change the body. Edwards injured her knees in a truck crash while working and later needed knee replacement surgeries. Her employer argued that her arthritis already existed and that the accident only temporarily increased her pain, so the surgeries should not be covered. The court disagreed, finding the crash caused her symptoms and need for treatment. The decision made it easier for injured workers with preexisting conditions to receive benefits.