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U.S. Supreme Court rules National Guard technicians are under Federal Labor Relations Authority

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Mississippi AG Fitch was among state Attorneys General defending state authority in the Ohio-based case.

In the fall of 2022, Attorneys General across the country joined together in an 11- coalition to fight for state authority over National Guard technicians. The case originated in Ohio between the Ohio National Guard and the Federal Labor Relations Authority (FLRA).

The issue came from the FLRA assertion of jurisdiction over dual-status National Guard technicians. In the dispute, the FLRA claimed the National Guard is an executive agency and dual-status technicians are federal civilian employees.

In May 2023, the United States Supreme Court issued a ruling in the matter.

Read the full ruling here.

The nation's high court heard arguments in January and recently handed down their in favor of the FLRA. Justices in favor of the ruling were Chief Justice John Roberts, Clarence , Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett. Dissenting Justices included Ketanji Brown , Sameul Alito, and Neil Gorsuch.

The majority agreed that the FLRA had jurisdiction over the labor disputes based on the determination that a state National Guard acts as a federal agency. The decision cites Executive Order No. 11491 which outlines that National Guard technicians are employees of the federal .

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Opinions rendered by the Court

Justice Thomas delivered the opinion of the Court, explaining:

We concluded that petitioners are subject to the authority of the FLRA when acting in their capacities as supervisors of dual-status technicians. Each dual-status technician is an employee of the Department of the Army or Department of Air Force; those Departments are, in turn, components of the Department of Defense; and the Department of Defense is a covered agency under the Statute. Further, a designation from the Department of the Army is the sole basis for petitioners' authority to employ dual-status technicians. Accordingly, petitioners employ federal dual status technicians pursuant to delegated federal authority and subject to federal civil-service requirements. The Statute also explicitly incorporates prior practice, the decision in Thompson Field, which further reinforces our conclusion. The judgement of the Sixth Circuit is affirmed.

The dissent, written by Justice Alito and Justice Gorsuch, opined that the argument is flawed at the foundation because it misreads the current code section. Those in dissent argue that the Thompson Field case, which largely influenced their ruling, was one single administrative decision.

Consequently, a single administrative decision by an Assistant Secretary that does not even - dress the particular argument petitioners raise in this case offers no reason to resist the conclusion that the Ohio Adjutant General's Department is plainly not a federal agency.

The issue went to the after the Sixth Circuit Court of Appeals originally affirmed the FLRA's position.

RELATED: AG Fitch leads coalition to defend authority of states over national guard units

The coalition of states was led by Mississippi's Lynn Fitch. The coalition filed a merits-stage amicus brief to the U.S. Supreme Court. The brief showed favor in a suit between the Ohio National Guard and FLRA, which enforced collective bargaining for Ohio's Guard technicians.

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In the case The Ohio Adjutant General's Department v Federal Labor Relations Authority, the Ohio National Guard claimed that it was not bound by an expired collective bargaining agreement with the American Federation of Government Employees Local 3970, AFL-CIO, which had represented National Guard technicians.

“As has been the case with so many of the careful balances the Founding Fathers laid out in our Constitution, the federal government has been slowly tipping the scales in its own favor,” said Attorney General Fitch at the time the appeal was filed. “With this brief, we take a stand against this continued erosion of the checks and balances that keep us both and secure.”

Fitch's office has not commented on the recent ruling by the U.S. Supreme Court in this matter.

The post U.S. Supreme Court rules National Guard technicians are under Federal Labor Relations Authority appeared first on Magnolia Tribune.

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By: Sarah Ulmer
Title: U.S. Supreme Court rules National Guard technicians are under Federal Labor Relations Authority

Published Date: Mon, 22 May 2023 19:22:07 +0000

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Magnolia Tribune

Incrementalism will neither defeat Russia nor deter China

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Thus far, we have told the Ukrainians not to bring the war home to the Russians. It is high time President Biden and Congress change their tune. 

On May 22-23, the “Russian Volunteer Corps” and the “ Russia Legion” crossed from Ukraine into Belgorod Oblast, Russia. These two groups are allegedly comprised of Russian citizens aligned with the Armed Forces of Ukraine. These groups allegedly used American Humvees and M1224 MaxxPro MRAPs as part of their operation. This temporary incursion was embarrassing for Moscow.

Upon our discovery, White House National Security Council Spokesman John Kirby stated that “we have again made it very clear to the Ukrainians what our expectations are about attacking Russia – we don't want to encourage or enable that, we certainly don't want any US-made equipment used to attack Russian soil.”

This may be pro forma; however, I believe that the Biden Administration and are continuing down the same trodden path of “red lines” and “fear of provoking Russia” that has permeated our since the start of this war. Thus far, we have told the Ukrainians not to bring the war home to the Russians. It is high time and Congress change their tune. 

If our goal is for Ukraine to militarily defeat and expel Moscow, President Biden, Congress, and the Department of State must explicitly say so – rather than the current ambiguity that pervades the majority of both political parties. It is this lack of articulation and incremental approach to hard aid that will drag on this war and potentially create another “frozen conflict” (e.g. Transnistria) in the post-Soviet . A “freezing” of the conflict via a ceasefire would benefit Russia and China. The Chinese special representative, Li Hui, attempted to push a ceasefire “before conflict spreads beyond Ukraine” and promote European security without America – a not so subtle attempt to create rifts in the Alliance. Rather, we need a clear statement of purpose: the military defeat of Russia by Ukraine.  

Last year, we said “no tanks” as it would provoke Russia. This month, we said “yes” to tanks. Up until last , we said “no fighter jets” as it would provoke Russia. Now, we have agreed to not only train Ukrainian pilots to fly American F-16s, but also allow our NATO allies to their F-16s to Ukraine. Let us not continue this incrementalism.

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The July 2023 NATO Summit in Vilnius, Lithuania will be the opportune moment to put an end to ambiguity and incrementalism. Specifically, the U.S. should announce that we are providing not only F-16s, but also the long-range missiles that have thus far been denied: the Army Tactical Missile System (ATACMS).

During the Vilnius Summit, we must also boldly proclaim with our Eastern flank allies: Ukraine's rightful place is in NATO. From a purely geo-strategic perspective, Ukrainian membership protects NATO-member Poland who has been arming itself to the teeth and turns the Black Sea into a virtual NATO lake, similar to the Baltic Sea with Finland's April 2023 accession (and hopefully soon, Sweden). NATO benefits from Ukraine's battlefield experience against Russia and Ukraine will never again go it alone with Article 5 protection, a proven deterrent (i.e. Baltic States lacking a “special military operation”).      

There can be no special formats, councils, or other security arrangements – Kyiv must be granted a Membership Action Plan that to full membership in the Alliance once the war ends. There will be folks who argue this will “provoke Russia” or “prevent peace.” It's the same ole song and dance of those who have yet to learn anything from this conflict.

Let's the Ukrainians with the tools they need to secure their and defend the democratic world. A defeated Russia would assuredly also serve as a deterrent to our other geo-political enemy: the People's Republic of China. American security interests and liberty are served with NATO and a victorious Ukraine.       

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The post Incrementalism will neither defeat Russia nor deter China appeared first on Magnolia Tribune.

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By: Matthew Becker
Title: Incrementalism will neither defeat Russia nor deter China

Published Date: Tue, 30 May 2023 18:35:00 +0000

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Gunasekara files appeal with U.S. Supreme Court seeking to remain on the ballot

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A candidate for Northern District Public Service Commissioner continues her fight to be on the Republican Primary ballot in August after losing a residency challenge before the Mississippi Supreme Court earlier this month.

Mandy Gunasekara, a Republican seeking the position Northern District Public Service Commissioner seat, was from the ballot earlier this month. The move came after the Mississippi Supreme Court upheld a ruling in that deemed her ineligible based on a five-year residency requirement.  

Gunasekara says she is a seventh generation Mississippian. She has worked multiple times in Washington, D.C. in various roles with Congress and the Environmental Protection Agency (EPA). In 2017, she received an appointment from the Trump White House to be a senior advisor at the EPA, ultimately serving as the agency's chief of staff. Gunasekara has indicated that she was commuting back-and-forth to Mississippi during this period.

READ MORE: Mississippi Supreme Court issues ruling on Gunasekara, Jones eligibility

Gunasekara said at the time of her removal from the ballot on May 11th that voters deserved a ruling on the merits of the case. She cited the potential unconstitutionality of the residency provision and went on to say that she was assessing all legal options, which included an appeal to the .

That appeal was docketed at the nation's highest court on May 26th.

Today, U.S. Supreme Court Justice Samuel Alito requested that Matthew Barton, the initial challenger of Gunasekara's residency, file a response to the Court by noon on June 5th.

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Barton, a candidate for District Attorney in DeSoto County, first brought the before the Mississippi Republican State Executive Committee where it was dismissed. Barton then filed an appeal, prompting court action in Hinds County.

Both Barton and the Mississippi Republican Executive Committee are named in the latest appeal to the U.S. Supreme Court. However, the Mississippi Republican Executive Committee only entered an appearance in the Mississippi Supreme Court's proceeding. The committee did not participate in any other way, leaving Barton as the respondent.

“It's absurd that after I've lived here for the majority of my , a local judge decided I'm not Mississippi enough to for the Public Service Commission in the northern district. As currently applied, the is unconstitutional and an affront to the men and women of Mississippi who deserve the to vote for a qualified, constitutional conservative,” Gunasekara said in a statement sent to . “That's why I'm taking this fight to the U.S. Supreme Court, and I appreciate Justice Alito's swift response on my request.”

Gunasekara is asking the U.S. Supreme Court to issue a stay of the Mississippi Supreme Court's order. She says it is necessary because it will prevent irreparable harm, will not substantially injure other parties in the interim, and will serve the public interest.

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She also notes that the stay will not harm Barton as he is not a candidate in the PSC race.

Ultimately, Gunasekara seeks an injunction from the Court pending appeal that instructs the Mississippi Secretary of State to include her as a candidate for Northern District Public Service Commissioner on the primary election ballot which is set for August 8th.

There are two Republican candidates currently remaining in the Northern PSC race – Tanner Newman and State Rep. Chris Brown. No Democrat filed to run for the seat being vacated by Brandon Presley who decided to run for Governor in 2023. Presley has served on the Public Service Commission for four terms.

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You can read the full appeal filed by Gunasekara at the U.S. Supreme Court below.

The post Gunasekara files appeal with U.S. Supreme Court seeking to remain on the ballot appeared first on Magnolia Tribune.

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By: Sarah Ulmer
Title: Gunasekara files appeal with U.S. Supreme Court seeking to remain on the ballot

Published Date: Tue, 30 May 2023 18:00:18 +0000

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Tech Innovation is Important for Mississippi’s Students

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Mississippi is contributing to the wave of American innovation that is sweeping the economy and tapping into its unique resources that advance opportunities for those entering the workforce.

It's graduation time, and I can't but think about our duty to foster the innovative potential that our possess. Mississippi is a perfect place to do just that. With a strong , dedicated workforce, and commitment to being open for business, the Magnolia state has it all.

Upon graduation, students are met with many potential career paths, in Mississippi's burgeoning tech sector. In fact, in the past few years Mississippi has increasingly been considered a new tech hub.

The of Mississippi, Mississippi State University, University of Southern Mississippi, and State University are working to advance the state's strong technology programs through the Mississippi Research Consortium. This initiative harnesses the collective strength of Mississippi's students to set our state up for economic success in our increasingly tech-savvy world. Programs at all of our universities, colleges, community colleges, and K-12 schools now focus on new skills for our students.

Much of this has been made possible thanks to homegrown American tech companies that have fostered the growth of small businesses across our state. These companies have brought multi-million-dollar investments and to Mississippi. and accessible tools and services offered by these companies allow those with great ideas to make their ideas a reality. In fact, small businesses that take advantage of these tools are five times more likely to reach new customers and three times more likely to experience customer growth.

That's why it's concerning that potential legislation and pending lawsuits would target American tech companies for their success. These efforts aim to break up companies that are supporting the industries that our students rely on for a secure economic future.

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Further, they open up our economy to national security threats and economic interference from foreign actors like China and TikTok. Punishing these companies would force our state economy – and, in turn, our students and future workers – to pay the price.

Instead, we should celebrate the possibilities that these companies have provided us with and speak out against policies that would work to take away these opportunities. We should lean into the future and work to our skilled, growing workforce with new and exciting careers.

These American companies have set the pace for creating jobs, driving investments, and sponsoring research across the country, and I'm proud that our state has taken up the call. Mississippi is contributing to the wave of American innovation that is sweeping the economy and tapping into its unique resources that advance opportunities for those entering the workforce.

What once seemed light-years away is now a reality for the next generation. It's our job to and nurture that.

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The post Tech Innovation is Important for Mississippi's Students appeared first on Magnolia Tribune.

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By: Pat Fontaine
Title: Tech Innovation is Important for Mississippi's Students

Published Date: Tue, 30 May 2023 13:31:11 +0000

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