A Tennessee judge on Monday granted a temporary injunction against deploying National Guard troops to Memphis, finding the move likely unlawful under state law. Chancellor Patricia Head Moskal stayed enforcement of the order for five days to allow the state to seek an appeal.
On Nov. 17, Davidson County Chancellor Patricia Head Moskal issued a temporary injunction blocking Gov. Bill Lee’s activation of the Tennessee National Guard for patrols in Memphis, concluding the governor likely exceeded authority under the state constitution and military code. The judge stayed her own order for five days so the state can ask an appellate court to review it.
Moskal wrote that the governor’s power as commander in chief of the Guard “is not unfettered,” and found the record did not show a qualifying emergency such as rebellion, invasion, or a comparable grave emergency that would justify the deployment under Tennessee law. The case was brought by a coalition of Democratic state and local officials, including Shelby County Mayor Lee Harris, against Lee and Attorney General Jonathan Skrmetti.
Background and context
- The deployment was part of President Donald Trump’s “Memphis Safe Task Force,” a federal–state initiative announced at the White House in mid‑September 2025 and established by presidential memorandum on Sept. 15. Gov. Lee publicly aligned the state with the effort the same week. According to state and federal officials, Guard members in Memphis have been serving in a support role alongside federal and local law enforcement.
- Plaintiffs argued the Guard’s presence was causing immediate and irreparable harm by swelling arrests and straining Shelby County’s justice system. The state countered that the governor has broad discretion to determine when Guard support is needed. Moskal previously denied an emergency restraining order in October but allowed the challenge to proceed to a fuller hearing, culminating in Monday’s ruling.
By the numbers
- Since the task force launched, authorities have reported thousands of arrests and large seizures. The U.S. Marshals Service said the Memphis Safe Task Force has made more than 2,790 arrests, seized at least 453 illegal firearms, and removed over 300 identified gang members from the streets.
- The task force draws on a broad slate of agencies; the Marshals Service said 31 local, state, and federal entities are involved.
Public opinion and crime backdrop
- A Beacon Center of Tennessee poll released this month found that 63% of registered voters statewide approved deploying troops to Memphis, while 33% disapproved.
- Memphis has ranked among the nation’s highest for violent crime. A WSMV analysis of FBI data found Memphis had the highest violent crime rate among large U.S. cities in 2024.
What’s next
- The injunction is stayed for five days to give the state time to seek an immediate appeal. State officials have indicated they intend to appeal. During the stay, officials have said Guard support to the task force continues under the court’s order.
Quotes and sourcing notes
- Moskal’s conclusion that the governor’s power “is not unfettered,” the five‑day stay for appeal, the finding that no qualifying emergency justified the activation, and the case posture were reported by multiple outlets covering the ruling. Details on the task force’s formation come from White House and Tennessee governor statements and the Sept. 15 presidential memorandum. Arrest, firearm, and gang‑member figures come from recent U.S. Marshals Service releases. Poll findings are from the Beacon Center of Tennessee.
