A Tennessee court on Thursday granted a temporary injunction restraining state officials from continuing the deployment of Tennessee National Guard personnel to Memphis.

A group of Shelby County and Memphis officials brought the case, arguing that the deployment violates Tennessee’s Military Code by bypassing the statutory conditions required for activating state militia forces. The deployment commenced in September as part of the federal “Memphis Safe Task Force,” claiming authority under Title 32 of the US Code.

Plaintiffs contended that the governor did not follow proper statutory process and may only call the National Guard into active state service in response to specific emergency circumstances, such as invasion, rebellion, disaster, or other conditions formally recognized in Tenn. Code Ann. § 58‑1‑106. Because no such emergency has been declared and no local governing body requested deployment by resolution, they claimed that Governor Bill Lee exceeded his authority.

State defendants argued that issues of standing, sovereign immunity, and the political question doctrine precluded the court from hearing the case. However, the court held that the officials had standing because they alleged direct harm to their ability to carry out their official duties, including debating or voting on matters related to National Guard deployment. Relying on Tenn. Code Ann. § 1‑3‑121, the court also found that sovereign immunity is waived for affected persons seeking declaratory or injunctive relief challenging governmental action.

On the merits, Judge Chancellor Moskal declined to resolve the constitutional question of whether the Guard is Tennessee’s “militia,” instead holding that plaintiffs are likely to succeed on their statutory claim that the governor’s use of the Guard to “support public safety and law enforcement operations” in Memphis does not fit any of the emergency conditions listed in state statutes or municipal ordinances.

The injunction is stayed temporarily to permit the state to seek an immediate appeal. The order will take effect once the plaintiffs post a $50,000 bond unless the stay is extended on appeal.