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ABBOTT v. BIDEN

No. 22-40399.

70 F.4th 817 (2023)

Greg ABBOTT, in his official capacity as Governor of the State of Texas, Plaintiff-Appellant, v. Joseph R. BIDEN, in his official capacity as President of the United States; Department of Defense; Lloyd Austin, Secretary, U.S. Department of Defense; Department of the Air Force; Frank Kendall, III, in his official capacity as Secretary of the Air Force; Department of the Army; Christine Wormuth, in her official capacity as Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 12, 2023.

Attorney(s) appearing for the Case

Ryan Baasch (argued), Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Christopher D. Hilton , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, Leif A. Olson , Office of the Attorney General, Austin, TX, for Plaintiff-Appellant.

Casen Ross , U.S. Department of Justice, Civil Division, Appellate Section, Washington, DC, Zachary A. Avallone , Sarah Jane Clark (argued), Abby Christine Wright , U.S. Department of Justice, Civil Division, Washington, DC, James Garland Gillingham , U.S. Attorney's Office, Eastern District of Texas, Tyler, TX, for Defendants-Appellees.

Before Stewart, Willett, and Oldham, Circuit Judges.

The President of the United States asserts the power to punish members of the Texas National Guard who have not been called into national service. The Constitution and laws of the United States, however, deny him that power.

At the Founding, few issues garnered more attention...

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