Tennessee judge blocks National Guard deployment in Memphis, rules governor lacks authority for crimefighting operation

Davidson County Chancellor Patricia Head Moskal issued a ruling on Nov. 17, 2025 (Monday night) blocking the use of Tennessee National Guard in Memphis. The judge found that Republican Governor Bill Lee deployed the Guard unlawfully under Trump's "Memphis Safe Task Force."

Moskal ruled that Tennessee's military code prohibits deploying the National Guard for civil unrest unless there is rebellion or invasion, and even then it requires action by state lawmakers. The order is stayed for 5 days to allow the state to appeal.

The Guard has been patrolling Memphis since Oct. 10, 2025, as part of a task force established by President Trump's executive order. More than 700 Guard members are currently stationed in Memphis, according to recent court filings, though Memphis Police said last week there were fewer than 200 and that number would soon double.

Guard members patrol in fatigues and protective vests marked "military police" with guns in holsters. Officials say Guard members have no arrest power.

Democratic state and local officials sued Governor Lee, arguing the deployment violates Tennessee law. The plaintiffs included Shelby County Mayor Lee Harris, state legislators, and local officials.

They contended that Tennessee's military code requires a request from local government to use the Guard in scenarios including a "breakdown of law and order." Memphis officials never requested Guard assistance and actively opposed the deployment.

Chancellor Moskal agreed that the plaintiffs have a likelihood of success in their lawsuit based on claims that calling the National Guard into Memphis violates the state's military code. The judge found that Lee didn't establish a "grave emergency" or "disaster" necessary to deploy the Guard for ongoing law enforcement operations. The ruling sides with local officials who argued the military should not be used against Tennessee civilians.

Shelby County Mayor Lee Harris, a plaintiff in the case, said in a statement on X that he's pleased with the decision. Harris wrote "The injunction does not take effect immediately, and the state has a chance to seek leave to appeal.

However, this is a positive step toward ensuring the rule of law applies to everyone, including everyday Tennesseans and even the Governor." Harris has repeatedly said the military should not be used against Tennesseans.

Guard members have been patrolling neighborhoods and commercial areas including Beale Street entertainment district in downtown Memphis. They've been conducting community safety patrols near the iconic Pyramid and other areas.

The federal government has spent millions of dollars on contracts to feed and house the Guard members in Memphis. The deployment is part of Trump's broader use of military forces in cities across the country.

Governor Lee's office announced on Nov. 18 that the state will appeal Chancellor Moskal's decision. The Tennessee Attorney General's office is preparing the appeal to be filed before the 5-day stay expires.

If the appeal succeeds, the Guard deployment can continue. If the ruling stands, Tennessee will have to withdraw more than 700 Guard members from Memphis, ending the federal-state crimefighting operation.

Tennessee judge blocks National Guard deployment in Memphis, rules governor lacks authority for crimefighting operation

Key Concepts

Cooperative Federalism

Posse Comitatus Act

Judicial Independence

Federalism

Key People

Patricia Head Moskal

Bill Lee

Lee Harris

Donald Trump

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