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MEMPHIS, Tenn. – In a notable legal development on Monday night, a Tennessee judge halted the deployment of the National Guard in Memphis, part of a crime-fighting initiative launched by President Donald Trump. However, the judge simultaneously delayed the enforcement of this ruling, granting the government a five-day window to file an appeal.
Davidson County Chancellor Patricia Head Moskal’s ruling favored Democratic state and local leaders who argued that Republican Governor Bill Lee lacks the authority to mobilize the Tennessee National Guard for civil unrest situations without legislative involvement, unless there is an actual rebellion or invasion.
The plaintiffs emphasized that another legal clause requires a formal request from local authorities to activate the Guard in certain situations, such as a severe “breakdown of law and order.”
In defense, state representatives argued that Tennessee law empowers the governor to deploy the Guard as deemed necessary and to decide the timing of such deployments.
Reacting on social media platform X, Shelby County Mayor Lee Harris, one of the plaintiffs, expressed satisfaction with the ruling. “While the injunction is not immediately enforceable, the state does have the option to appeal,” he noted. “This marks a significant move toward upholding the rule of law for all, from ordinary Tennesseans to the Governor himself.”
Since their arrival on Oct. 10, troops have been patrolling neighborhoods and commercial areas of Memphis, including near the iconic Pyramid in downtown, wearing fatigues and protective vests that say “military police,” with guns in holsters. Officials have said Guard members have no arrest power.
The Guard is part of a task force established by an order from Trump. It also involves a slew of other law enforcement agencies whose officers have patrolling the city now for weeks.
For years, Memphis has dealt with high violent crime, including assaults, carjackings and homicides. While this year’s statistics show improvement in several categories, including murders, many acknowledge that violence remains a problem.
Trump announced in September that the National Guard would be deployed to combat crime in Memphis alongside authorities from a slew of federal agencies as part of the so-called Memphis Safe Task Force. The task force, which includes hundreds of personnel attached to various federal and state law enforcement agencies and Memphis police, has made more than 2,500 arrests since it began operating in Memphis.
Arrests have been made on charges ranging from drug and weapons violations to immigration warrants to homicides.
Lee has said the National Guard would “play a critical support role” for local law enforcement.
Memphis Mayor Paul Young, a Democrat, said he never requested that the Guard come to his city. But after Trump made the announcement and Lee agreed, Young, who is not involved in the lawsuit, and others has said they wanted the task force to focus on targeting violent offenders.
Young has said operations include some 150 Guard members.
Both the plaintiffs and the state acknowledged that the governor did not issue an order to trigger the deployment, but sent a news release.
Lee has said that, “As the the commander-in-chief, Gov. Lee has the authority to authorize the Title 32 strategic mission to Memphis.”
“Every Memphian deserves to feel safe in their community, and through state, local, and federal partnerships, the Memphis Safe Task Force has created a generational opportunity that is already delivering remarkable results to enhance public safety,” Lee’s spokesperson Elizabeth Lane Johnson said after the lawsuit was filed. “We are confident the court will uphold the Governor’s constitutional authority.”
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