The deployment of the National Guard in Memphis, Tennessee, was blocked by a judge in the state late Monday night.
Davidson County Chancellor Patricia Head Moskal ruled that Tennessee Governor Bill Lee violated the law and exceeded his authority by deploying National Guard troops in the city. Moskal’s decision was the result of a lawsuit filed on October 17 by local and state officials: Shelby County Mayor Lee Harris (D) and Tennessee state Representatives. G.A. Hardaway (D) and Gabby Salinas (D), state Sen. Jeff Yarbro (D), Shelby County Commissioners Erika Sugarmon (D) and Henri E. Brooks (D), and Memphis Councilmember J.B. Smiley, Jr. (D).
The plaintiffs argued that the troop deployment violated the Tennessee Constitution, claiming that it requires that Guard troops could only be used when there are “circumstances amounting to a rebellion or invasion,” and “even then, the legislature must declare, by law, that the public safety requires it.”
Moskal’s ruling found that the plaintiffs were likely to be successful “on the merits of their claims that the Governor’s actions in calling the National Guard into the active service of the state to support the Memphis Safe Task Force violate the terms and conditions of Tennessee’s Military Code.”
“The power committed to the Governor as commander-in-chief of the Army and the Militia is not unfettered,” wrote Moskal. “The Tennessee Constitution and the Military Code establish conditions for calling the National Guard into active service and limit the Governor’s power and authority.”
Yet, while Moskal blocked the order, she also put it on hold and gave five days for an appeal to be filed.
Lee’s order stemmed from the creation of the Memphis Safe Task Force, created by President Donald Trump as a response to the high rates of violent crime in the city. This was in response to “state and local leaders requesting federal assistance,” mentioned in the memo, “Restoring Law and Order in Memphis,” published on September 15.
“The city of Memphis, Tennessee, is suffering from tremendous levels of violent crime that have overwhelmed its local government’s ability to respond effectively,” read Trump’s memo. “This situation has become dire in one of our Nation’s most historic cities.”
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“According to data from the Federal Bureau of Investigation, Memphis in 2024 had the highest rate of violent crime per capita, including some of the highest per capita rates of murder, robbery, and aggravated assault, and property crimes such as burglary, larceny, and motor vehicle theft, in the country,” the memo noted.
Shelby County Mayor Lee Harris, one of the plaintiffs in the lawsuit, called the judge’s decision to block the deployment of National Guard troops as “a positive step toward ensuring the rule of law applies to everyone, including everyday Tennesseans and even the Governor.”