Tennessee’s Davidson County Chancery Court Judge Patricia Moskal issued an order on Monday, November 17th, to halt President Trump’s deployment of the National Guard in Memphis, but also temporarily stayed the execution of that order, giving the government at least five days to appeal.
The order supported the demands of some Democratic state and local officials who filed the lawsuit. They argued that Governor Bill Lee does not have the authority to deploy the Tennessee National Guard to respond to civil unrest unless there is a rebellion or invasion, and even in those cases, action would require approval by the state legislature.
The plaintiffs stated that, according to another provision, even in certain circumstances such as “the breakdown of law and order,” a request from local government would be needed before the National Guard could be used.
The plaintiffs also argued that without the injunction, “they will continue to suffer irreparable harm.”
Shelby County Mayor Lee Harris, one of the plaintiffs in this case, expressed satisfaction with the ruling in a statement on the social platform X, stating that “the rule of law applies to everyone, including ordinary Tennessee residents and even the governor.”
Skye Perryman, President and CEO of Democracy Forward representing the plaintiffs, stated, “Whether it is the President or the Governor, no one is above the law.”
Memphis Mayor and Democrat Paul Young did not participate in this lawsuit.
The state government stated that under Tennessee law, the governor “has the authority to deploy the National Guard when necessary and to determine when the National Guard is needed.”
Elizabeth Johnson, spokesperson for Governor Lee, stated after the lawsuit was filed, “Every resident of Memphis should feel safe in their community. The Memphis Safe Streets Task Force has created a groundbreaking opportunity through collaboration between state, local, and federal governments, making significant strides in enhancing public safety, and we believe the court will uphold the governor’s constitutional powers.”
The National Guard arrived in Memphis on October 10th and has been patrolling residential and commercial areas in the city for weeks. They are dressed in camouflage uniforms and wear bulletproof vests with “Military Police” printed on them, with guns holstered.
This National Guard unit is part of a special task force ordered by President Trump, consisting of hundreds of members from federal and state law enforcement agencies as well as the Memphis Police Department, and has already arrested over 2500 people.
Memphis has long been plagued by violent crime, including assaults, carjackings, and homicides. While this year’s statistics show a decrease in crime rates, including murders, many still believe that the city’s violent crime remains a pressing issue to be addressed.
(This article is referenced from the Associated Press report.)