Nov. 18 (UPI) — A Tennessee judge has blocked the deployment of the state’s National Guard to Memphis, ruling that Gov. Bill Lee acted beyond his authority in authorizing the Guardsmen to patrol the city’s streets.
“The power committed to the governor as commander-in-chief of the army and militia is not unfettered,” Davidson County Chancellor Patricia Head Moskal said in her Monday ruling.
Lee authorized the use of the state’s National Guard at the urging of the Trump administration, which has pressed Republican governors to send Guard units to Democrat-run cities it claims are being overrun by crime.
On Sept. 15, Trump issued a presidential memorandum establishing the Memphis Safe Task Force to “end street and violent crime in Memphis to the greatest possible extent.” On Oct. 10, National Guardsmen, activated by Lee, began patrolling Memphis streets in support of the anti-crime initiative.
The deployment of Guardsmen in Memphis, as well as other cities, has been widely condemned by Democratic officials who say the situations do not warrant or meet the threshold for the deployment of the military.
On Oct. 17, Democratic leaders in Memphis filed a lawsuit against the deployment, alleging that it violates state law and the Tennessee Constitution, which permit the Guard to be activated only in the event of a rebellion or invasion.
In her ruling Monday, Moskal sided with the plaintiffs, stating that not only did Lee’s actions exceed his authority, but the conditions that permit a governor to deploy the National Guard were not met.
“The governor may only call the militia into service in cases of rebellion or invasion and only with the General Assembly’s declaration that the public safety requires it,” Moskal said.
Moskal gave Lee a five-day window to file an appeal before the temporary injunction goes into effect.
Neither Lee nor his office has yet to comment.
Shelby County Mayor Lee Harris, a plaintiff in the suit, celebrated the ruling in a statement as “a positive step toward ensuring the rule of law applies to everyone, including everyday Tennesseans and even the governor.”
The coalition of plaintiffs said in a statement shared by their representatives Democracy Forward that the ruling means that “no governor or president can deploy military force into our communities without legal authority, public accountability or a genuine emergency.
“Military power must never be used as a political tool,” the plaintiffs said. “Memphis deserves public safety, community investment and democratic decision-making — not unlawful militarization.”
