CRBC News

Judge Pauses Order Barring Tennessee National Guard in Memphis — Troops to Remain During Appeal

Key points: A Davidson County judge found Gov. Bill Lee’s power to deploy the Tennessee National Guard "is not unfettered" and said there is no current rebellion or invasion in Memphis, issuing an injunction that was temporarily stayed to allow an appeal. The governor’s office says Guard troops will remain supporting the Memphis Safe Task Force during the appeal. The multiagency operation, active since late September, has reported more than 2,500 arrests; roughly 140–180 Guard members were in the city as of Nov. 13, with plans to increase to about 350.

Judge Pauses Order Barring Tennessee National Guard in Memphis — Troops to Remain During Appeal

The Tennessee National Guard will continue supporting the multiagency Memphis Safe Task Force while the state pursues an appeal after a Davidson County judge temporarily blocked the deployment, Gov. Bill Lee’s office said.

On Monday, Davidson County Chancellor Patricia Head Moskal issued an injunction in response to a lawsuit filed by Democratic state and local officials. The plaintiffs argue that under Tennessee law the governor may not deploy the National Guard for civil unrest unless there is an actual rebellion or invasion — and that even in such circumstances deployment requires a local request and action by the state legislature.

In her order, Judge Moskal wrote that the governor’s authority as commander-in-chief of the National Guard "is not unfettered," and added, "There is no rebellion or invasion currently taking place in Memphis." She stayed the injunction for at least five days to give the state time to file an immediate application for permission to appeal, though she did not explain the choice of that specific timeline.

Lee’s spokesperson Elizabeth Lane Johnson said the state will appeal and that Guard personnel will remain in Memphis while the appeal proceeds, consistent with the judge’s temporary hold. The judge also noted in her order that no formal written deployment order from Gov. Lee was in the court record — only a press release announcing the planned troop movement.

Role of the Guard and the Task Force

The Memphis Safe Task Force, announced in September, pairs hundreds of personnel from roughly 30 federal and state agencies with Memphis police to target violent crime. Officials say the operation has logged more than 2,500 arrests since it began operating in late September.

Troops that arrived Oct. 10 have been seen patrolling neighborhoods and commercial areas — including near the downtown Pyramid — wearing camouflage and vests labeled "military police," with firearms holstered. Guard members do not have authority to make arrests or conduct searches; officials describe their role as supportive and deterrent in nature.

Local Reaction and Legal Stakes

Memphis Mayor Paul Young, who did not join the lawsuit, said he never requested Guard assistance but has urged the task force to prioritize violent offenders. Shelby County Mayor Lee Harris, a plaintiff in the case, says the Guard’s presence intimidates residents and harms the city’s reputation.

Tennessee Attorney General Jonathan Skrmetti confirmed an appeal is forthcoming, calling the case legally significant for the state. As of Nov. 13, the Memphis Police Department reported roughly 140–180 Guard personnel on the ground, with plans to increase toward about 350; it was not immediately clear whether the injunction would affect that projected number.

What Comes Next

The state has a short window to seek appellate review while the judge’s stay keeps Guard forces in place. The case will turn on interpretations of state law about when and how the governor can deploy the Guard for domestic public-safety missions — a dispute with implications for the balance of state and local authority in Tennessee.