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The Tennessee Conservative [By Olivia Lupia] –
On Tuesday, Dec. 2, state officials officially filed to appeal a chancellor judge’s order blocking the National Guard deployment as part of the Memphis Safe Task Force (MSTF).
Back in October, multiple local Democrat leaders filed suit against Governor Lee, Tennessee Attorney General Jonathan Skrmetti, and others claiming the National Guard deployment violates both state law and the TN constitution because the county did not ask for the troops and Lee did not follow proper procedure in calling an emergency and going through the state legislature for approval.
In mid-November, Davidson County Chancellor Patricia Head Moskal issued an order temporarily blocking the governor from continuing to deploy the Guard in Memphis, writing that the plaintiffs, “have shown a likelihood of success on the merits of their claims that the Governor’s actions in calling the National Guard into the active service of the state to support the Memphis Safe Task Force violate the terms and conditions of Tennessee’s Military Code.”
“The power committed to the Governor as commander-in-chief of the Army and the Militia is not unfettered,” she continued. “The Tennessee Constitution and the Military Code establish conditions for calling the National Guard into active service and limit the Governor’s power and authority.”
However, Moskal allowed the injunction to be placed on hold, allowing the troops to remain in the city so long as the state filed their appeal in the given time frame she provided.
In the 28-page appeal, AG Skrmetti describes crime in the city as “dire” and “a grave emergency”, and maintains there is an emergency in Memphis because it was declared by the President, who is the commander-in-chief of the military.
The state also says the judge’s injunction committed multiple errors, including the conclusion “that any lawmaker (state or local) can challenge any governmental action as unlawful- moving policy disagreements from Cordell Hull to Davidson County Chancery Court.”
Next, the state argued against the court’s interpretation of a law allowing citizens to sue governmental actors for specific actions, claiming the court waived certain governmental immunity outside of proper context.
The third argument in the appeal states the court “displaced the Commander in Chief’s judgement about the ‘grave emergency’ in Memphis and substituted its own. Compounding that error, the court failed altogether to address the Governor’s authority to direct the Guard to address the organized crime” per Tennessee law.
Based on those arguments from the state the chancery court certified four questions for review, meaning it will seek a higher court’s opinion before issuing a ruling:
- Whether the plaintiffs, who are suing in their official capacity as government officials and not as private citizens, truly qualify to have the state’s “sovereign immunity” overridden under Tenn. Code Ann. § 1-3-121.
- Whether the plaintiffs have actual lawful standing to challenge the Governor’s deployment of the National Guard to support the task force.
- Whether the Governor’s deployment of the National Guard in support of the task force actually violates Tennessee Code governing military affairs (Tenn. Code Ann. § 58-1-106).
- Whether the plaintiffs are likely to succeed in their claim that the National Guard deployment violates Article III, Section 5 of the Tennessee Constitution.
“Not long ago, Memphis was the most violent city in America,” AG Skrmetti said. “Thanks to the work of the Task Force, Memphis is the safest it’s been in decades. We look forward to litigating these important issues on appeal and clarifying the law for the generations to come.”
There has not been a date set for the appeal to be officially heard or ruled upon, and the chancery court will likely not do so until receiving answers to the certified questions.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
One Response
How about “WE THE PEOPLE” say that it is all right with us and we want the Democrats thrown out of Tennessee government. Meh….. It’s what we want…they sue for what they want so why not??