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Judge Blocks Deployment Of National Guard In Memphis

Judge Blocks Deployment Of National Guard In Memphis

A temporary block has been placed on deploying the National Guard to Memphis, Tennessee.


A Tennessee judge has sided with local officials in opposing Gov. Bill Lee’s attempt to deploy the National Guard in Memphis, temporarily blocking the effort.

On Nov. 17, Davidson County Chancellor, Patricia Head Moskal, issued a 35-page court order stating that the Tennessee governor’s authority to deploy the National Guard is “not unfettered,” USA Today reported. The judge ruled that Memphis’ crime rates do not constitute a “grave emergency” or “disaster” to justify the deployment of troops as part of Lee’s role as commander-in-chief of the state’s military forces.

“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 wrote.

“And while the constitution refers to Tennessee’s ‘army,’ Tennessee’s Military Code defines the ‘army’ as the Tennessee National Guard, and establishes the governor’s powers and authority as the commander-in-chief of the state’s military forces, including when and under what conditions he may call the National Guard into active service [sic],” she added.

Since October, members of the National Guard have been patrolling Memphis under a directive from Gov. Lee, as part of a task force established by the Trump administration in September. The exact number of Guard personnel in the city is unclear; Memphis Police recently reported fewer than 200, while recent court filings indicate more than 700 are currently deployed.

In her recent ruling, Chancellor Moskal stated that the governor’s decision to deploy the Guard is not immune from judicial review, countering arguments made by Tennessee Attorney General lawyers during a Nov. 3 hearing on the temporary injunction. She also noted that no official order to mobilize the Guard has been issued.

“The absence of a clear documentary record establishing any request made directly to Governor Lee or a command or order by Governor Lee activating the Tennessee National Guard makes it difficult for the court to evaluate the circumstances of and purposes for the Tennessee National Guard’s activation and deployment to Memphis,” Moskal wrote.

Trump’s deployment of the National Guard to cities nationwide has faced legal challenges. In Chicago last month, U.S. District Judge April M. Perry partially granted Illinois’ request to block troop deployment. A Los Angeles trial court previously ruled the summer deployment there illegal. However, the U.S. Ninth Circuit later overturned that decision in June, citing violence and property damage during anti-ICE protests.

In September, Washington, D.C., sued the Trump administration, claiming the deployment of 2,200 Guard troops is unconstitutional and violates federal law.

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