This case challenges the unlawful deployment of the Tennessee National Guard into the city of Memphis at the request of President Trump, in violation of the Tennessee Constitution and state law.
In October 2025, Governor Bill Lee ordered National Guard troops into Memphis under a federal request framed as a public safety measure. But Tennessee law strictly limits when and how the National Guard may be used inside the state. The state’s Constitution permits such deployments only in cases of rebellion or invasion—and only when the General Assembly declares that public safety requires it. No such conditions existed in Memphis, and the legislature was never consulted.
State law also requires that local officials formally request National Guard assistance when responding to a breakdown of law and order. Neither the City of Memphis nor Shelby County made such a request. Despite these clear legal limits, Guard members were deployed and directed to support civilian law enforcement.
The plaintiffs—local and state elected officials from Memphis and across Tennessee—filed suit to stop what they argued was an illegal and dangerous use of military force in a civilian community. They warned that the deployment undermined democratic accountability, bypassed local authority, and risked escalating fear rather than improving safety.
Democracy Forward represents the plaintiffs in this case to defend the rule of law, uphold civilian control over the military, and prevent executive officials from using armed forces as a political tool inside American cities.
On November 17, 2025, a Tennessee court ruled that the deployment was unlawful and blocked it. The court reaffirmed that governors and presidents cannot bypass constitutional limits to militarize communities without legal authority or a genuine emergency. The state has appealed.
Timeline
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Tennessee elected officials file suit challenging the deployment and seek immediate relief.
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Tennessee court blocks the National Guard deployment, ruling it unlawful.
