A Tennessee judge on Monday blocked the use of National Guard in Memphis under a crimefighting operation by President Donald Trump but also put the order on hold, giving the government five days to appeal.
Davidson County Chancellor Patricia Head Moskal's decision sides with Democratic state and local officials who sued, contending that Republican Gov. Bill Lee cannot deploy the Tennessee National Guard for civil unrest unless there is rebellion or invasion, and even then, it would require action by state lawmakers.
The plaintiffs also said another provision spells out a need for a request from a local government to use the Guard in some scenarios, including a “breakdown of law and order,” they said.
The state has said Tennessee law gives the governor “the authority to dispatch the Guard when needed and to determine when that need exists."
Since their arrival on Oct. 10, troops have been patrolling neighborhoods and commercial areas of Memphis, including near the iconic Pyramid in downtown, wearing fatigues and protective vests that say “military police,” with guns in holsters. Officials have said Guard members have no arrest power.
The Guard is part of a task force established by an order from Trump. It also involves a slew of other law enforcement agencies whose officers have patrolling the city now for weeks.
