(NEW YORK) –A Tennessee judge on Monday night blocked the deployment of National Guard into Memphis, concluding that Gov. Bill Lee exceeded his authority by sending troops into the city.
Davidson County Chancellor Patricia Head Moskal issued a temporary injunction to prohibit the deployment into Memphis, though she put the ruling on hold for five days to allow an appeal.
“The power committed to the Governor as commander-in-chief of the Army and Militia is not unfettered,” Moskal said.
Unlike other legal battles over the National Guard in states where governors have opposed the deployment, Gov. Bill Lee has supported using the troops to help local law enforcement.
President Donald Trump announced plans to send the soldiers into Memphis in September in response to what he claimed were the surging crime rates.
A group of elected officials sued over the deployment, arguing that the governor only has the power to deploy the guard in response to civil unrest, such as a rebellion or invasion.
In a statement, Shelby County Mayor Lee Harris called the decision “a positive step toward ensuring the rule of law applies to everyone, including everyday Tennesseans and even the Governor.”
While the ruling curtails the use of the National Guard, other parts of a federal task force established by Trump — including agents from the FBI, ATF and DEA — are allowed to continue operating in the city.
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