Court Challenges Emerge Over National Guard Deployments in Tennessee and West Virginia

Tue Nov 04 2025 00:19:00 GMT+0200 (Eastern European Standard Time)

Legal battles are heating up over the deployment of National Guard troops in response to civil unrest in Memphis, Tennessee, and in support of crime-fighting efforts in Washington, D.C. The implications of state versus federal authority are at the forefront as courts hear arguments on the legality of these actions.

On Monday, courts in Tennessee and West Virginia will deliberate on the legality of deploying National Guard troops. In Tennessee, state officials argue that deploying the Guard requires permission from lawmakers, while in West Virginia, a civic group challenges the legality of deploying troops to Washington, D.C., under state law. Both cases bring to light significant questions about the balance of power between state governors and federal law.

Courts in two states will hear arguments Monday on the legality of deploying the National Guard in various contexts, including the use of troops on the streets of Memphis, Tennessee, and supporting crime-fighting efforts from West Virginia in Washington, D.C.

President Donald Trump's push to send the military into Democratic-run cities has sparked a series of lawsuits and conflicting court rulings.

Tennessee Court Explores Guard Deployment in Memphis

In Nashville, Davidson County Chancellor Patricia Head Moskal will oversee the hearing concerning the National Guard's deployment in Memphis. Democratic officials allege that Republican Governor Bill Lee cannot employ the Tennessee National Guard unless there is a clear state of rebellion or invasion, which, even then, necessitates legislative action.

National Guard troops have been patrolling Memphis neighborhoods and commercial areas since their arrival on October 10, dressed in fatigues and protective vests. Despite their military police appearance, officials have stated that their powers do not extend to making arrests.

Mayor Paul Young, who has not participated in the lawsuit, noted that he never requested the presence of the National Guard.

West Virginia Examines Deployment Legality

A West Virginia judge is reviewing the legalities surrounding the deployment of up to 300 National Guard members to Washington, D.C. A civic organization claims Governor Patrick Morrisey overstepped his authority, stating the governor can only deploy the National Guard for specific emergencies. Meanwhile, Morrisey's office contends that federal law grants him the necessary authority.

The West Virginia National Guard's mission may extend until the end of November. The Justice Department reported that violent crime in Washington is currently at a 30-year low, raising questions about the necessity of the troop deployment.

These proceedings highlight ongoing tensions regarding the balance of power between state and federal authorities as court decisions may shape future responses to civil unrest and crime across the nation.