Judge Denies Request to Block National Guard Deployment in Memphis

Davidson County Chancellor Patricia Moskal declined to halt the Guard’s presence, setting a November 3 hearing as Democrats continue their challenge to Governor Lee’s authority.

A Tennessee court denied an emergency request to block Governor Bill Lee’s deployment of National Guard troops in Memphis, keeping the controversial “Memphis Safe Task Force” intact while the case proceeds toward a November 3 hearing.

In her ruling, Davidson County Chancellor Patricia Head Moskal said the plaintiffs “have not clearly shown” that immediate or irreparable harm would result before a full hearing could be held. The court also noted the plaintiffs’ attorneys failed to certify notice to the defendants or explain why notice should not be required.

The ruling temporarily preserves Governor Lee’s authority to continue the Guard’s participation in the joint state-federal task force, which has made more than 1,000 arrests since operations began October 10.

Lawsuit Challenges Lee’s Authority

The lawsuit — filed last week by Shelby County Mayor Lee Harris, several Memphis-area legislators, and Senator Jeff Yarbro (D-Nashville) — argues that Lee, Attorney General Jonathan Skrmetti, and Major General Warner Ross exceeded their constitutional powers by deploying Guard members “as a domestic police force.”

Plaintiffs contend the Tennessee Constitution allows such deployment only in cases of “rebellion or invasion,” and even then, requires approval from the General Assembly. They also cite a 2021 opinion by then-Acting Attorney General Herbert Slatery III asserting that only a legislative declaration of emergency can justify use of the militia within the state.

That opinion was later vacated by Skrmetti, who told The Tennessean it “did not accurately reflect the state of the law.”

Yarbro subsequently requested an explanation for the reversal in a September 29 letter.

Partisan Divide Over Memphis Task Force

Governor Lee announced the Memphis Safe Task Force in September, describing it as a coordinated effort of 13 law enforcement agencies — led by the U.S. Marshals Service — to reduce violent crime.

Lee has said the operation was initiated “at the request of President Donald Trump,” not local officials. Democrats have characterized the move as an unprecedented intrusion into local law enforcement authority, arguing it strains Shelby County’s financial and judicial systems.

Shelby County’s emergency declaration, issued October 17, cited the county’s inability to sustain “physical and financial resources” to support the mission. County officials say the increased number of arrests has sharply raised detention and pre-trial costs.

Economic and Legal Arguments Ahead

In their filing, plaintiffs warned that a prolonged deployment could harm Memphis’s economy, drawing parallels to business closures and reduced tourism seen in Los Angeles and Washington, D.C., during past National Guard operations.

Governor Lee, however, maintains that the task force’s mission is ongoing, recently telling reporters it will remain in place “forever.”

A full hearing on the plaintiffs’ motion for a temporary injunction is scheduled for November 3 in Davidson County Chancery Court.

Broader Political Context

The standoff reflects a deepening partisan divide between Republican state leadership and Democratic officials in Memphis and Shelby County. Supporters of the task force argue the city’s crime crisis demands extraordinary measures, while critics contend the operation blurs the line between civilian policing and military involvement. The court’s decision to allow the Guard’s presence to continue ensures that the constitutional and jurisdictional questions at the heart of the dispute will dominate Tennessee’s political conversation heading into November.