MEMPHIS, Tenn. — The Tennessee National Guard will continue supporting a crime-fighting task force in Memphis even after a judge temporarily blocked the troops from operating in the city, Gov. Bill Lee’s office said Tuesday. The ruling was paused while the state files an appeal.
Davidson County Chancellor Patricia Head Moskal issued the order Monday after Democratic state and local officials filed a lawsuit. They argue the Republican governor cannot deploy the National Guard to respond to civil unrest unless there is a rebellion or invasion. Even then, they say, a deployment would require a request from local officials and approval from the state legislature, according to the laws cited in the lawsuit.
Members of the National Guard conduct a community safety patrol on Beale Street, Friday, Oct. 24, 2025, in Memphis, Tenn. (AP Photo/George Walker IV)
Moskal wrote that the governor’s authority as commander-in-chief of the Guard “is not unfettered” and added, “There is no rebellion or invasion currently taking place in Memphis.”
Still, she put the order on hold for at least five days to give the state time to file an “immediate application for permission to appeal.” She did not explain the reason for that timeline.
Lee spokesperson Elizabeth Lane Johnson said Tuesday that the state will appeal and the Guard will remain in Memphis during that process. Johnson said Memphis is facing “a violent crime emergency that the state must address” and that public safety efforts must continue.
Members of the National Guard stand watch on Beale Street, Friday, Oct. 24, 2025, in Memphis, Tenn. (AP Photo/George Walker IV)
The judge also noted that Lee has not issued a formal written order deploying the Guard. The only record of deployment is a press release announcing the move.
Memphis has long faced high rates of violent crime, including assaults, carjackings and homicides. While some statistics have improved this year, including the number of murders, city officials acknowledge that violent crime remains a serious concern.
In September, former President Donald Trump announced the National Guard would join federal and state authorities in the Memphis Safe Task Force. That task force, which includes hundreds of personnel from roughly 30 law enforcement agencies and Memphis police, has made more than 2,500 arrests since starting in late September.
National Guard soldiers leave the Shelby County Office of Preparedness in Memphis, Tenn., Wednesday, Oct. 1, 2025. (AP Photo/Adrian Sainz)
Guard members arrived Oct. 10 and have been patrolling neighborhoods and commercial areas, including near the Pyramid downtown, wearing camouflage and protective vests marked “military police.” They do not have the authority to make arrests or conduct searches.
Memphis Mayor Paul Young, a Democrat, said he never requested the Guard’s presence. Young is not part of the lawsuit but said he wants the task force focused on violent offenders.
Lee has said the Guard’s role is to provide “critical support” to local law enforcement. Moskal found that the Guard’s duties in the Memphis Safe Task Force are limited to support and deterrence. She wrote that their role “does not appear to be critical to the Memphis Safe Task Force’s mission of fighting violent crime.”
People demonstrate above Interstate 40 in Nashville, Tenn., Friday, Sept. 26, 2025, against the deployment of the National Guard in Memphis. (AP Photo/George Walker IV)
Tennessee Attorney General Jonathan Skrmetti confirmed the state will appeal and said the case raises legal questions with implications “for all Tennesseans for centuries to come.”
The lawsuit also names Shelby County Mayor Lee Harris, who argues that the Guard’s presence is creating fear in residents and harming the city’s reputation.
As of Nov. 13, Memphis police said between 140 and 180 Guard members were on the ground, with plans to increase that number to around 350. It is unclear whether the judge’s order will affect that total.