Elected officials said the recent ruling against the National Guard’s deployment marks the state’s first move toward challenging that decision.
Legal counsel said the next steps are for the state to seek permission to pursue an appeal as they continue litigation. Tennessee has five business days to initiate the appeal process before a temporary injunction goes into effect.
On Monday, a Davidson County chancellor temporarily blocked the National Guard’s presence in Memphis.
The court decided that Governor Bill Lee “likely” violated Tenn. Code Ann. §58-1-106.
Under state law, Lee was also required to consult with the Tennessee General Assembly before authorizing active service in “non-emergency situations,” the court added.
“The judge concluded that state law permits Guard activation only in situations such as rebellion, invasion, or a clearly defined grave emergency and none existed, nor had local officials requested assistance,” a release from Councilman JB Smiley’s team explained.
During a Tuesday press conference, Shelby County Mayor Lee Harris said they hoped that Lee would rally against sending troops to Memphis as it was “patently illegal,” adding the only “clear reason” as to why the Guard was sent to the city was that Lee wanted to “comply with the orders of [President] Donald Trump.”
“We realize we have a very long way to go, and we’re up against the mightiest of adversaries,” Harris said. “The White House, Donald Trump, Governor Lee, and federal officials are willing to do whatever it takes to satisfy their whimsy of the day.”
Despite these forces, Harris called the court’s ruling an important starting point in preserving democracy in the state.
Joshua Salzman, senior counsel for the Democracy Forward Foundation, said the ruling established that Lee “likely acted without lawful or statutory authority.” He stressed that no executive or elected official is above the law in sending troops for civilian law enforcement.
While there is still work to do, Salzman said, they are grateful that the judge’s opinion upheld the principles of the people in Memphis.
“The residents of Memphis have a strong public interest in not being subjected to military occupation for law enforcement purposes under circumstances where it’s not statutorily authorized,” the opinion read.
Councilman Smiley said crime had already been trending downward prior to the Guard’s arrival, and resources could instead be spent on infrastructure projects, deferred maintenance in schools, and continued crime intervention.
“We’re spending millions of dollars for the National Guard to simply walk our streets, laugh, and play when we have some very pressing issues in this community,” Smiley said. “Instead of wasting dollars on people who don’t want to be here, who are not impacting our issues in our community, there’s some places those dollars can go.”