A group of local and state elected officials has filed a lawsuit in Davidson County Chancery Court, challenging Governor Bill Lee’s deployment of the Tennessee National Guard in Memphis.
The suit, which names Governor Lee and State Attorney General Jonathan Skrmetti as defendants, seeks a temporary restraining order and an injunction to immediately halt the National Guard’s activity in the city.
The plaintiffs—including Shelby County Mayor Lee Harris, members of the Shelby County Commission and Memphis City Council, and state representatives and senators—argue that the deployment is an unlawful exercise of executive power that exceeds the governor’s constitutional and statutory authority.
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Key Arguments in the Complaint
Filed in the Chancery Court for the State of Tennessee, the complaint asserts that the deployment “usurps the authority of elected officials, endangers civilian safety, and sets a dangerous precedent for military intrusion into local communities.”
The core of the legal challenge rests on interpretations of the state constitution and statutes governing the use of the military in civilian affairs.
1. Constitutional Limits (Article III, Section 5): The lawsuit cites the Tennessee Constitution, which states the militia “shall not be called into service except in case of rebellion or invasion, and then only when the General Assembly shall declare, by law, that the public safety requires it.”
The plaintiffs argue that the current situation in Memphis—described by the Governor as a mission to combat crime—does not meet the constitutional standard of “rebellion or invasion.” Furthermore, they note that the General Assembly has not passed a law authorizing the deployment.
2. Statutory Requirements (T.C.A. § 58-1-106): The complaint addresses Tennessee Code Section 58-1-106, which outlines the statutory conditions for deployment. While the governor can call the Guard into active service for events like an “invasion, disaster, insurrection, [or] riot,” a separate provision covers instances involving a “breakdown of law and order.”
According to the plaintiffs, this latter provision requires the deployment to occur “upon the request of the governing body of a city or county.” The suit explicitly states that neither the Memphis City Council nor the Shelby County Board of Commissioners requested the National Guard’s presence. The plaintiffs contend that the use of the Guard for general “law enforcement operations” is not authorized under the existing statutory framework without local consent.
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Impact on Local Authority and Finances
The elected officials bringing the suit claim the governor’s action undermines their official responsibilities. They argue that the unilateral deployment interferes with the plaintiffs’ authority to manage law enforcement within their jurisdictions.
The complaint also addresses potential financial burdens, stating that the deployment “inflicts financial harms on Shelby County, including increased costs for pre-trial services and detention resulting from the National Guard’s force multiplier effect on arrests in Memphis.”
The deployment, which began on October 10, 2025, follows a meeting between Governor Lee and President Donald Trump.
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During this meeting, President Trump signed a memorandum to establish the “Memphis Safe Task Force” and requested the activation of the Tennessee National Guard under Title 32 status. Governor Lee’s office had subsequently issued a press release describing the Guard as a participating “law enforcement agency” in the task force.
The suit requests the court to declare the deployment unlawful and unconstitutional and to grant the requested injunctive relief.
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