Judge pauses National Guard’s role in Memphis Safe Task Force amid constitutional challenge

NASHVILLE, Tenn. — A Davidson County judge on Monday ordered a temporary halt to the Tennessee National Guard’s role in Memphis’ new crime-surge operation, ruling that Gov. Bill Lee’s deployment cannot move forward under its current structure while courts review whether he exceeded his constitutional authority.

Chancellor Patricia Head Moskal’s Nov. 17 ruling grants a temporary injunction against the Guard deployment tied to the “Memphis Safe Task Force,” a joint federal-state initiative launched in late October. The order covers Guard patrols and planned expansions under the task force but does not affect other National Guard training or disaster-preparedness activities in Memphis. The injunction does not take effect immediately, giving the state an opportunity to seek leave to appeal before Guard forces are required to stand down.

The full text of Moskal’s order had not appeared in public court records as of Monday evening, and Davidson County Chancery Court had not yet released a written copy.

The lawsuit was filed Oct. 17 by Shelby County Mayor Lee Harris, Memphis City Councilman JB Smiley Jr., county commissioners Henri Brooks and Erika Sugarmon, state Reps. G.A. Hardaway and Gabby Salinas, and state Sen. Jeff Yarbro. The plaintiffs argue the governor violated the Tennessee Constitution by deploying the Guard as a domestic law-enforcement force without General Assembly approval or a formal local request. They contend the operation treats the Guard as a “militia” under Article I, Section 31 — a designation that allows domestic deployment only in cases of invasion or rebellion.

Moskal denied a temporary restraining order on Oct. 21 but raised concerns during a Nov. 3 hearing about the absence of a written executive order. The deployment has been justified through a September presidential memo from President Trump and a press release from Gov. Lee rather than a formal state directive. Monday’s injunction reflects those concerns, based on accounts from attorneys and observers who attended the November hearing.

Moskal found that continuing the deployment could cause irreparable harm, citing potential diversion of Guard resources from other statewide needs and the use of National Guard personnel in policing roles without statutory oversight. The injunction applies specifically to Guard activities under the Memphis Safe Task Force and does not halt the work of federal agencies participating in the operation.

In a post on X, Harris said he was “pleased that the Court has issued a favorable decision on our motion for a temporary injunction, enjoining the National Guard deployment in Tennessee.” He noted that the injunction does not take effect immediately and that the state may seek leave to appeal, but called the ruling “a positive step toward ensuring the rule of law applies to everyone, including everyday Tennesseans and even the Governor.”

House Speaker Cameron Sexton sharply criticized the ruling in a post on X, calling Moskal “a blue city judge” and saying the decision would make Memphis “less safe.” Sexton praised the National Guard’s involvement in the crime-surge mission and said the Tennessee Attorney General’s Office would appeal what he described as “judicial overreach.”

A full evidentiary hearing is expected in December, though no date has been set.