U.S. Attorney Dunavant files Amicus Brief in support of State of Tennessee appeal in National Guard case
PRESS RELEASE:
U.S. Attorney Dunavant Files Amicus Brief in Support of State of Tennessee Appeal in National Guard Case
Memphis, TN – U.S. Attorney D. Michael Dunavant is pleased to announce that on January 16, 2026, he joined a legal action with Assistant Attorney General Brett A. Shumate of the U.S. Department of Justice Civil Division to file a brief on behalf of the United States as Amicus Curiae in support of the State of Tennessee’s appeal in the case challenging Governor Lee’s deployment of the Tennessee National Guard in support of the Memphis Safe Task Force.
The case, Lee Harris, et al. v. William B. Lee, et al., was originally filed by Shelby County Mayor Lee Harris and several lawmakers in the Chancery Court of Davidson County, suing the Governor, Attorney General, and the Adjutant General of the Tennessee National Guard and raising both constitutional and statutory objections to the Guard’s mobilization. The Chancellor granted a temporary injunction, but temporarily stayed the injunction pending an application for permission to appeal. The State of Tennessee filed an appeal, and 0n January 12, 2026, Tennessee Attorney General Jonathan Skrmetti filed an opening appellate brief on the merits in the Tennessee Court of Appeals, seeking reversal of the Chancery Court ruling.
By enjoining Governor Lee’s deployment of the Guard in support of the Memphis Safe Task Force, the trial court has effectively blocked President Trump’s request that the Governor make available National Guard units of Tennessee to support public safety and law enforcement operations in Memphis. As a result, the United States has a substantial interest in this litigation, and its participation as amicus curiae will assist the Court in resolving this appeal. The Court of Appeals has expedited and set oral arguments for March 5, 2026 at 9:00 a.m. in the Tennessee Supreme Court building in Nashville.
In response to the public safety emergency in Memphis, Governor Lee, in consultation with President Trump, deployed members of the Tennessee National Guard to support the mission of the Memphis Safe Task Force. With the Guard’s support, the Task Force has begun restoring law and order to the city. Thousands of arrests have been made, hundreds of unlawfully possessed firearms have been seized, and crime rates have fallen precipitously year-over-year. All in just a few months. The trial court’s injunction risks undoing that progress, and without the Guard’s support, the Task Force’s operational capacity will be eviscerated.
U.S. Attorney D. Michael Dunavant said, “One of President Trump’s top priorities is restoring law and order in cities plagued by violent crime, and the Tennessee National Guard has played a critical role in the unprecedented success of the Memphis Safe Task Force. As the chief federal law enforcement officer in West Tennessee, I am proud to stand with General Skrmetti in defending the constitutionality of Governor Lee’s exercise of executive authority and continuing to work with the Tennessee National Guard in protecting Memphians.”
Assistant Attorney General Brett A. Shumate, Deputy Assistant Attorney General Eric D. McArthur, and DOJ Counsel John Bailey of the U.S. Department of Justice Civil Division, and Assistant United States Attorney Jason Martin of the Western District of Tennessee are also representing the United States in the appellate litigation.
- Brief for the United States as Amicus Curiae Supporting Appellants
- United States’ Motion for Leave to File Brief as Amicus Curiae in Support of Appellants
- Opening Brief National Guard
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