Attorney General Paxton joined a Mississippi-led multistate amicus brief with the U.S. Supreme Court in support of the Ohio National Guard and against Biden’s Federal Labor Relations Authority (FLRA), which has sought to over-regulate the Guard.
The lower courts struck both Ohio and the U.S. Constitution a blow when they ruled in favor of the federal government, allowing the FLRA to meddle in a collective bargaining agreement between the Guard and a labor union. Texas and other states are asking the Supreme Court to take up the case and reverse the lower courts.
“To provide security, the Constitution entrusts most military matters to the national government,” the brief reads. “But to preserve liberty, the States retain control over the militia. States train the militia, appoint its officers, and (except when called into federal service) use it to address their own emergencies. This system of federalism strikes a balance to provide both security and liberty.”