Court of Appeals will hear National Guard challenge in March
A legal dispute over Tennessee Governor Bill Lee’s deployment of the National Guard in Memphis is heading to the appeals court. The case, set for March, follows a temporary injunction that allowed troops to stay in place while the state challenges a lower court’s decision. Officials remain divided over the governor’s authority to order the deployment.
In November, a Davidson County chancellor issued a temporary injunction, keeping the National Guard in Memphis while the state appealed. The ruling came after questions arose about Governor Lee’s constitutional power to deploy troops without local approval. The state filed its appeal on December 2, and the court has now scheduled hearings for March.
The National Guard forms part of the Memphis Safe Street Task Force, a group that includes federal and state agencies. Sen. Brent Taylor, a Republican from Memphis, has argued that their presence has improved safety downtown. However, local leaders—including Shelby County Mayor Lee Harris, Memphis City Councilmember J.B. Smiley Jr., and state Reps. G.A. Hardaway and Gabby Salinas—have questioned the governor’s authority.
Rep. Salinas sent a letter to Governor Lee requesting details about the deployment but received no response. Meanwhile, Elizabeth Lane Johnson, the governor’s communications director, has expressed confidence that the court will uphold his constitutional right to call in the National Guard. The appeals court will focus solely on the legality of the deployment in its ruling.
The appeals court’s decision will determine whether the National Guard can remain in Memphis under Governor Lee’s orders. The ruling will also clarify the limits of the governor’s authority in deploying state troops. A final verdict is expected after the March hearings.
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