Courts Weigh Legal Challenges to National Guard Deployments in Memphis and Washington, D.C.

NASHVILLE, Tenn., Nov. 3, 2025 – Courts in Tennessee and West Virginia heard arguments Monday challenging the legality of deploying their states’ National Guard troops to Memphis and Washington, D.C., as part of President Donald Trump’s initiative to send forces into Democratic-run cities. The cases test the scope of gubernatorial authority under state law amid ongoing multi-agency crime-fighting operations involving thousands of personnel.

Tennessee Court Reviews Memphis Deployment

Davidson County Chancellor Patricia Head Moskal presided over Monday’s hearing in Nashville on the deployment of the Tennessee National Guard to Memphis. In a lawsuit, Democratic state and county officials argue that Republican Gov. Bill Lee cannot deploy the Guard for civil unrest unless there is rebellion or invasion, and even then, only with action by state lawmakers.

In a filing last week, the state countered that the plaintiffs misinterpret how the Tennessee Constitution classifies the National Guard, asserting that Tennessee law gives the governor “the authority to dispatch the Guard when needed and to determine when that need exists,” the state added.

Since their arrival on Oct. 10, Guard troops have been patrolling neighborhoods and commercial areas of Memphis – including near the downtown Pyramid – wearing fatigues and protective vests labeled “military police.” Officials have said Guard members, who are armed, have no arrest power.

Trump announced in September that the National Guard would accompany authorities from multiple federal agencies as part of the Memphis Safe Task Force. Democratic Mayor Paul Young, who is not a party to the lawsuit, said he did not request the Guard’s presence, but after the announcement and Gov. Lee’s agreement, he and others said they wanted the task force focused on violent offenders.

According to the U.S. Marshals Service, since Sept. 29 federal agencies have made more than 1,500 arrests and issued thousands of traffic citations in Memphis, with charges ranging from homicides and drug and weapons violations to immigration warrants. Gov. Lee has said the National Guard would “play a critical support role” for local law enforcement.

Mayor Young said earlier this month that operations include about 150 Guard members. The Memphis Safe Task Force comprises 31 partner agencies across federal, state, and local levels and includes more than 1,700 personnel, according to a court declaration by Chad Hunt, chief inspector with the U.S. Marshals Service and the task force’s commander.

West Virginia Deployment to D.C. Faces Legal Scrutiny

West Virginia is among several states that deployed National Guard personnel to Washington, D.C. to support Trump’s crime-fighting efforts. A state court is examining whether Gov. Patrick Morrisey’s decision to send up to 300 Guard members to the nation’s capital in August was lawful.

The West Virginia Citizen Action Group argues in its lawsuit that Morrisey exceeded his authority. Under state law, the group says, the governor may deploy the National Guard out of state only for specific purposes, such as responding to a natural disaster or another state’s emergency request. Morrisey’s office has argued the deployment was authorized under federal law.

After one witness for the plaintiff group testified Monday, the judge said the hearing would continue on Nov. 10. Kanawha County Circuit Judge Richard Lindsay in Charleston heard initial arguments on Oct. 24, during which the civic group said it was harmed by having to refocus its resources away from government accountability and transparency. The state attorney general’s office sought to dismiss the case, arguing the group lacks standing and has not been harmed. Lindsay rescheduled the hearing and ordered the state to focus on whether Morrisey’s actions were lawful.

The West Virginia National Guard has said its deployment could last until the end of November.

Federal Context: D.C. Crime Order and Multi-State Guard Presence

While Trump issued an August executive order declaring a crime emergency in Washington, the U.S. Justice Department says violent crime there is at a 30-year low. Within a month of the order, more than 2,300 Guard troops from eight states and the District were patrolling under the Army secretary’s command, and Trump also deployed hundreds of federal agents to assist.

Separately, on Oct. 24, a federal judge heard arguments on District of Columbia Attorney General Brian Schwalb’s request for an order to remove National Guard members from Washington streets. U.S. District Judge Jia Cobb, an appointee of former President Joe Biden, did not rule from the bench.

Key Numbers at a Glance

• Oct. 10: Tennessee National Guard arrival in Memphis.
• 1,500+ arrests and thousands of citations by federal agencies in Memphis since Sept. 29.
• ~150 Guard members supporting Memphis operations.
• 31 partner agencies and 1,700+ personnel in the Memphis Safe Task Force.
• Up to 300 West Virginia Guard members deployed to Washington, D.C.
• 2,300+ Guard troops patrolling D.C. within a month of the federal order.

What’s Next

No rulings have been issued in the Tennessee or West Virginia cases. The West Virginia hearing will resume on Nov. 10, while the scope of Guard operations in both Memphis and Washington, D.C., remains active. A separate federal challenge in Washington is pending after Judge Cobb took arguments under advisement. The outcomes could shape state-federal coordination and gubernatorial authority over National Guard deployments in ongoing public safety initiatives.