TBA Law Blog


Posted by: Stacey Shrader Joslin on Nov 18, 2025

Davidson County Chancellor Patricia Head Moskal has ordered the National Guard to withdraw from Memphis, saying the governor exceeded his authority to deploy the guard. "The governor may only call the militia into service in cases of rebellion or invasion and only with the General Assembly's declaration that the public safety requires it," Moskal wrote. She also rejected the Tennessee Attorney General's (AG) argument that the governor’s decision to deploy the guard is protected from judicial review. According to the Commercial Appeal, the ruling does not impact other aspects of the Memphis Safe Task Force. The temporary injunction will not take effect until after the deadline for the AG to appeal has expired, which will happen five days after the plaintiffs file the required bond. The Daily Memphian reports that the state intends to appeal the decision. The ruling comes as the state was preparing the double the number of guard troops in Memphis, the paper reports in a separate article. In related news, the Tennessee Journal reports that Republican members of the state House are considering ways to void the court’s decision.