On Monday, courts in two states will hear arguments about the legality of deploying the National Guard, including the use of troops on the streets of Memphis, Tennessee, and from West Virginia as part of President Donald Trump’s enforcement efforts in the nation’s capital.
Trump’s pressure on Send the army To Democratic-run cities, it has unleashed a storm of lawsuits and overlapping court rulings.
Here’s what to know about the latest legal efforts on the issue:
A hearing will be held Monday on the Memphis deployment before Davidson County Counsel Patricia Head Moskal in Nashville.
Democratic state and county officials assert in a lawsuit that Republican Gov. Bill Lee cannot deploy the Tennessee National Guard to civil unrest unless there is an insurrection or invasion, and even then, it would require action by state lawmakers.
since Arriving October 10thNational Guard troops patrol neighborhoods and commercial areas in Memphis, including near the famous pyramid downtown, wearing military fatigues and protective vests labeled “Military Police.” Officials said armed guards had no authority to arrest.
Trump announced in September That the National Guard will Accompanying authorities from a large number of federal agencies As part of the so-called Safe Memphis Task Force.
Democratic Mayor Paul Young, who was not involved in the lawsuit, said he never requested that the Guard come to Memphis. But after Trump made the announcement and Lee agreed, Young and others said they wanted the task force to focus on targeting violent crime offenders.
Since their arrival on Sept. 29, federal agencies have made more than 1,500 arrests and issued thousands of traffic citations, according to statistics provided by the U.S. Marshals Service. The arrests were made on charges ranging from murder to drug and weapons violations and immigration orders. Lee said the National Guard “will play a critical supporting role” to local law enforcement.
West Virginia is among several states Which sent National Guard members to Washington, D.C., to support Trump’s crime-fighting efforts. Last month, a West Virginia judge asked the state’s attorneys to argue whether Gov. Patrick Morrisey’s deployment of up to 300 Guard members to the nation’s capital in August was legal.
A civic organization called the West Virginia Citizen Action Group says in a lawsuit that Morrissey exceeded his authority. The group says that under state law, a governor may deploy the National Guard out of state only for certain purposes, such as responding to a natural disaster or another state’s emergency request.
Morrissey’s office said the deployment was permitted under federal law.
Richard Lindsay, Kanawha County Circuit Judge in Charleston, heard initial arguments in the case on October 24. The civilian group claimed it was harmed by the troop deployment by having to refocus its resources away from government accountability and transparency.
The state Attorney General’s Office sought to have the case dismissed, saying the group was not harmed and lacked the ability to appeal Morrissey’s decision. Lindsay rescheduled the hearing and ordered the state to focus on whether what Morrissey did was legal.
The West Virginia National Guard said its deployment may continue until the end of November.
While Trump issued an executive order in August declaring a crime emergency in the nation’s capital, the US Department of Justice says violent crimes there are on the verge of occurring. Lowest level in 30 years.
Within a month, more than 2,300 Guard troops from eight states and the region were on patrol under the command of the Army Secretary. Trump also deployed hundreds of federal agents to assist them.
Separately, a federal judge heard arguments on October 24 regarding the District of Columbia’s top prosecutor Brian Schwalb Requested an order that would remove National Guard members from the streets of Washington. U.S. District Judge Gia Cobb, appointed by former President Joe Biden, did not rule from the bench.