Ruling Affirms Limits on Executive Power, Protects Civilian Rule of Law

Memphis, TN — A Tennessee court today ruled that Governor Bill Lee’s deployment of the National Guard to Memphis—initiated at President Trump’s request—was unlawful, reaffirming that state and federal leaders cannot use military forces to police American cities in violation of Tennessee law.

The ruling halts the deployment, declaring that the Governor acted beyond his authority. The court found that there had been neither a “grave emergency” nor a “disaster” nor a request from local officials, as required by law.

The case was brought by a coalition of local and state leaders, including Shelby County Mayor Lee Harris, Memphis City Councilmember JB Smiley, Jr., Shelby County Commissioners Henri E. Brooks and Erika Sugarmon, State Representatives G.A. Hardaway and Gabby Salinas, and State Senator Jeff Yarbro. The coalition is represented by Democracy Forward, National Immigration Law Center, and Sherrard Roe Voigt & Harbison, PLC.

The coalition of plaintiffs issued the following joint statement: 

“We brought this case because Tennesseans deserve leaders who follow the law, respect our Constitution, and protect—not undermine—our democratic institutions. Today’s ruling makes clear that no governor or president can deploy military force into our communities without legal authority, public accountability, or a genuine emergency. Military power must never be used as a political tool. Memphis deserves public safety, community investment, and democratic decision-making—not unlawful militarization. We are grateful that the court upheld the rule of law and protected our residents, strengthened civilian leadership, and reaffirmed that state power must always be exercised within constitutional limits.”

The case is Mayor Lee Harris, et al. v. Governor Bill Lee, et al., and the legal team at Democracy Forward in this case includes Yenisey Rodríguez, Will Bardwell, Joshua Salzman, and Brian Netter. 

Read the original complaint here, the decision here, and the Spanish version of this press release here.