Abbott v. Biden

Abbott v. Biden, No. 22-40399 (5th Cir. June 12, 2023)

The Fifth Circuit’s decision in Abbott v. Biden held that the president cannot discipline members of the Texas National Guard unless they have been called into federal service. The court emphasized that under the Constitution’s text, history, and tradition, presidential authority over state militia members is limited unless they are federally activated. While the ruling applies only to Texas, it offers important insight into the constitutional boundaries of presidential control over the National Guard.