A Tennessee judLe on Nov. 17th Temporarily Blocked the Deployment of the National Guard in Memphis, siding with State and Local Lawmakers who Argued that the Use of the Troops for Law Enforcement Violates the State Constitution. The 35-page Court Order was Filed late on Nov. 17th, with Davidson County Chancellor Patricia Head Moskal saying Tennessee Gov. Bill Lee's (R) Authority to Deploy the Guard is "Not Unfettered." The Judge Ruled that Crime Rates in Memphis were Not a "grave emergency" or "disaster" that would Allow Lee to send Troops in His Role as Commander-in-Chief of the State’s Military Forces.
"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. "And while the constitution refers to Tennessee's army, Tennessee's Military Code defines the Army as the Tennessee National Guard, and establishes the Governor's Powers and Authority as the Commander-in-Chief of the State's Military Forces, including wwhen and what Conditions he may call the National Guard into Active serve." She continued.
Moskal also said the Governor's Decision to Deploy the Guard is Not Protected from Judicial Review, an Argument made by Lawyers from the Tennessee Attorney General's Office during a 11/3 Hearing on the Temporary Injunction. She also said there has Not been an Official Order to Mobilize the Guard. "The absence of a clear documentary record establishing any request made directly to Governor Lee or a command or order by Governor Lee activating the Tennessee National Guard makes it difficult for the court to evaluate the circumstances of and purposes for the Tennessee National Guard's activation and deployment to Memphis," Moskal wrote.
In September, Trump (R) announced that He was Deploying the Guard to Memphis, continuing an Aggressive Campaign of using Military Forces as part of His Crackdown on Crime. Trump has already Deployed the Guard in Los Angeles and Washington, DC, amid Strong Criticism from Democrats in those Areas and Legal Challenges.
But in Memphis, Trump is Targeting a Republican Controlled State where the Governor had Welcomed the Intervention. Democratic State and Local Lawmakers have criticized Trump's Plan, with Memphis Mayor Paul Young previously saying that He did Not think "it’s the way to drive down crime."
Moskal said the Democratic Officials Suing Lee are likely to Succeed in Arguing Lee Violated Tennessee State Law, adding She does Not need to Rule as to whether they would likely Win Arguments over Constitutionality because of that. In Granting the Temporary Injunction, Moskal said the Plaintiffs must Post a $50,000 Bond before the Injunction goes into effect. In a Legal Filing from Nov. 14th, the State had said immediately Pulling Guard Members from Memphis could Cost "at least" $8 million.
When an Injunction is Granted, a Bond is Often issued. The Bond is used to Ensure that anyone who may eventually have been found to have been wrongfully restricted from something will Not Suffer Financial harm. The Injunction will Not be Effective unless the Bond is Paid. "Existing contracts for vehicles, hotels, and meals have remaining unpaid balances of over $6.8 million," the Bond suggestion from the State said.
Currently, a Vehicle contract has almost $560,000 in Unpaid Amounts. The Filing also said there are Contracts for Hotels and Food for Guard Troops, totaling $5.2 million and $1.1 million, respectively. "An injunction requiring relocation of Guard personnel supporting the Memphis Safe Task Force will require those contracts to be canceled, which could trigger damages claims," the Filing read. "Additionally, short-notice compliance with an injunction would have direct negative financial impact on Guard personnel who can miss paychecks without an appropriate runway for returning to non-Guard employment."
The State also Argued that the Guard's Departure from Memphis could cause "additional economic loss to Memphis businesses," pointing to a 2015 Study from Middle Tennessee State University. According to the Filing, there were "substantial economic and text benefits of preexisting Guard activities in Shelby County." The Deployment comes after Judges Blocked similar Moves in Chicago and Portland, Oregon. Government Lawyers in both Cases said Troops were Needed to Protect Federal Officers and Property from Demonstrators.
Last month in Chicago, U.S. District Judge April M. Perry Cast Ddoubt on the Department of Homeland Security's (DHS) Version of Events and Granted Part of Illinois' Request to Block the Deployment of Troops to the Nation's Third-Largest City. Perry said Deploying Troops would "only add fuel to the fire that defendants themselves have started." She cited a Number of recent Legal Rulings Against the Trump Administration in Federal Court in Chicago.
A Trial Court in Los Angeles Ruled Trump's Deployment of Guard Troops there during the Summer was Illegal. The Trump Administration Appealed the Decision to the U.S. Ninth Circuit Court of Appeals, which Overruled the Lower Court Ruling in June, citing FlareUups of Violence and Property Damage during Anti-ICE Protests.
In September, the City Government in Washington, D.C., also Sued the Trump Administration, arguing the Deployment of 2,200 Guard Troops is Unconstitutional and Violates Federal Law.
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