Tennessee Gov. Bill Lee is pressing ahead with plans to keep National Guard troops in Memphis, even as a judge ruled that his deployment may violate state law.
According to The Associated Press, the ruling, issued Monday, is temporarily on hold while the state seeks an appeal, allowing Guard members to continue supporting a federal crime-fighting initiative ordered by President Donald Trump.
Davidson County Chancellor Patricia Head Moskal sided with Democratic state and local officials who argued the governor cannot deploy the Guard for civil unrest unless Tennessee is facing a “rebellion or invasion.”
Plaintiffs cited state statutes that require a breakdown of law and order, a request from local leaders, and legislative involvement before the Guard can be used for such missions.
Moskal agreed that the governor’s authority “is not unfettered,” writing in her order, “There is no rebellion or invasion currently taking place in Memphis.”
Despite that, the judge paused her ruling for at least five days to give the state time to file what she called an “immediate application for permission to appeal.” She did not explain the reasoning behind the five-day window.
A spokesperson for Lee said Tuesday the state will appeal — and confirmed that Guard personnel will remain on duty during the process.
The governor has not issued a formal written deployment order, the judge noted, pointing out that the only document in the case file is a press release announcing the Guard’s arrival.
Lee’s office defended the decision, calling Memphis’ violent crime “a public safety emergency.”
“There’s no question these public safety efforts must continue,” spokesperson Elizabeth Lane Johnson said.
Memphis has long struggled with violent crime, including homicides, assaults, and carjackings. While some metrics have improved this year, city leaders acknowledge the problem remains severe.
In September, Trump announced that National Guard personnel would join federal law enforcement agencies in the newly formed Memphis Safe Task Force.
The operation has brought together hundreds of personnel from roughly 30 state and federal agencies and local police. Since launching in late September, the task force has made more than 2,500 arrests.
Guard troops arrived on Oct. 10 and began patrolling neighborhoods and commercial areas across Memphis. Dressed in camouflage and wearing “military police” vests, they carry holstered firearms but do not have the authority to make arrests or conduct searches.
Memphis Mayor Paul Young, a Democrat, said he never requested National Guard assistance. Though not part of the lawsuit, Young has said that once the deployment was announced, officials worked to ensure the task force focused exclusively on violent offenders.
Lee has argued that the Guard provides “a critical support role” for law enforcement. Moskal, however, found that the Guard’s duties appear limited and not essential to the task force’s core mission.
“The National Guard’s limited role as part of the Memphis Safe Task Force is to serve a support and deterrence function,” she wrote. “That role does not appear to be critical to the Memphis Safe Task Force’s mission of fighting violent crime.”
Tennessee Attorney General Jonathan Skrmetti said the state will move forward with an appeal, calling the legal questions involved significant for “all Tennesseans for centuries to come.”
One of the plaintiffs, Shelby County Mayor Lee Harris, argued that the deployment damages Memphis’ reputation and instills fear among residents rather than confidence.
As of mid-November, between 140 and 180 Guard members were deployed in Memphis, according to police. Officials said that number was expected to grow to around 350, though it remains unclear whether the judge’s ruling will affect the planned increase.
