Harris et al. v. Lee et al.

Case Overview

Nearly one month after President Trump issued a memorandum requesting the Tennessee National Guard to support local law enforcement and federal agencies engaged in so-called Operation Memphis Safe, soldiers in military fatigues began patrolling the streets of Memphis. This lawsuit challenges Governor Bill Lee’s unlawful deployment of the Tennessee National Guard. The deployment violates both the Tennessee Constitution and state statutes, which allow the Guard to be called up only in the event of a rebellion or invasion—and only when the General Assembly declares that public safety requires it. No such conditions exist in Memphis today.

Tennessee statutes likewise limit the Governor’s authority to use the Tennessee National Guard to situations of extreme emergency, including invasion, disaster, or insurrection; or when a city or county requests assistance due to a breakdown of law and order. But there is no rebellion in Memphis, there is no breakdown of law and order in Shelby County, neither Memphis nor Shelby County have requested the Governor’s assistance, and Governor has not requested—let alone received—the advice and consent of the Tennessee General Assembly to order Tennessee’s National Guard into Memphis’ streets.

In bypassing these required steps and acting unilaterally, the Governor overstepped the limits of his authority and usurped that of other city, county, and state elected officials.

We joined Democracy Forward and Sherrard Roe Voigt & Harbison, PLC, to bring this challenge on behalf of Shelby County Mayor Lee Harris, Memphis City Council member JB Smiley, Jr., Shelby County Commissioners Henri E. Brooks and Erika Sugarmon, State Representatives G.A. Hardaway and Gabby Salinas, and State Senator Jeff Yarbro.