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What happens if Joe Biden tries to take over Texas National Guard?

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What happens if Joe Biden tries to take over Texas National Guard?


The debate on whether President Joe Biden should seize control of the Texas National Guard in order to force it to comply with a recent Supreme Court ruling is continuing to rage between Democrats and Republicans.

Texas Representative Joaquin Castro and former congressman and 2020 presidential hopeful Beto O’Rourke, both Democrats, are among those who are urging Biden to federalize the state’s National Guard to allow Border Patrol agents to remove razor wire put up along the U.S.-Mexico border by Texas law enforcement in order to prevent illegal immigration.

In a 5-4 ruling on January 22, the Supreme Court sided with the Biden administration, which said that the wire erected in Eagle Pass was put up illegally and prevented Border Patrol from trying to detain people who were attempting to cross the border via the Rio Grande.

Despite the ruling, Texas Governor Greg Abbott argued that Biden is failing his duties as president by not controlling the record levels of illegal crossings at the southern border during his time in office. Abbott has also declared that Texas is currently under an “invasion” and invoked the state’s constitutional right to defend and protect itself.

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“That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border,” Abbott said.

As a result, Abbott is allowing the Texas National Guard to continue to install the razor wire along the border. He is refusing to allow Border Patrol agents access to Shelby Park—a riverfront park in Eagle Pass that migrants are using to enter the U.S. illegally—in order to remove the wires.

Newsweek reached out to the White House and Abbott via email for comment.

Can Joe Biden Take Over The Texas National Guard?

Biden is within his power to federalize the Texas National Guard in accordance with Title 10 of the U.S. Code, which would mean the state’s troops would be under direct orders of the president.

In 1957, President Dwight D. Eisenhower placed the Arkansas National Guard under federal authority and ordered them to protect nine Black students who enrolled at Central High School in Little Rock. The move arrived after the state’s governor, Orval Faubus, previously called the troops to prevent the Black students’ entry into the all-white school, despite a Supreme Court ruling that declared segregation in public schools unconstitutional.

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Currently, Texas National Guard troops are operating under Title 32, which means they fall under the command of the Texas governor as their commander-in-chief.

“Abbott is using the Texas Guard to defy a Supreme Court ruling. When Gov. Faubus did this in 1957, Eisenhower federalized the Arkansas Guard to ensure compliance with the law,” O’Rourke posted on X, formerly Twitter. “Biden must follow this example of bold, decisive leadership to end this crisis before it gets worse.”

However, questions have been raised as to whether Biden can federalize the Texas National Guard in these current circumstances, with some suggesting the president does not have the legal justification to do so.

“Title 10 can only supersede Title 32 in a national emergency. In this case, Biden would have to activate the Texas National Guard to guard the border. Otherwise it is an unlawful order,” retired Air Force General Robert Spalding posted on X.


SAUL LOEB/AFP/Getty Images

What Happens if Joe Biden Takes Over The Texas National Guard?

Presumably, a move to federalize the Texas National Guard would mean the Border Patrol would quickly move in and remove the razor wire, which has been the focus of the arguments in the Lone Star state.

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Others have suggested such a move could have broader implications for Biden, as well as setting up possible further legal challenges and issues.

“If the Texas National Guard are federalized under Title 10 for the sole purpose of pulling them off the Texas border and out of the chain of command of the Commander in Chief of the Texas military after Gov. Abbott invoked his constitutional authority to defend the Texas border, the founders would have envisioned this as a crime and misdemeanor and impeachable offense,” Jonathan Hullihan, a constitutional law and national security law expert, told The Center Square.

Texas Attorney General Ken Paxton also suggested that the Democrats calling for Biden to federalize the National Guard “don’t understand the law” and the president must first declare a national emergency.

“That goes to the whole question, why is he declaring an emergency? Obviously, we have one, right? And now he’s admitting it,” Paxton told Newsmax. “I think that becomes a political issue for him, it becomes a real problem for him politically.”

What Can Abbott Do in Response?

Beyond continuing to defy the Biden Administration and ordering law enforcement to still erect razor wire, Abbott has also indicated that he is willing to appeal any decision from the president to the Supreme Court.

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Professor Peter Shane, a law lecturer at New York University and constitutional law expert, dismissed Abbott’s suggestion that he can have supreme authority in Texas after declaring that the state is under “invasion” from people crossing the border illegally.

“This is nonsense. Governors have no power to declare anything under the U.S. Constitution, nor does the Constitution give states any legal power to countermand the exercise of federal authority,” Shane previously told Newsweek.

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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Andrew McCutchen, 39, and the Texas Rangers agree to a minor league contract, AP source says

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Andrew McCutchen, 39, and the Texas Rangers agree to a minor league contract, AP source says


The Texas Rangers and veteran outfielder Andrew McCutchen agreed to a minor league contract on Thursday, a person with knowledge of the deal told The Associated Press.

The person confirmed the agreement to the AP on condition of anonymity because the contract had not been finalized and a physical exam still needed to be completed. The 39-year-old McCutchen would make $1.5 million this season while playing in the major leagues if he’s added to the 40-man roster, the person said.

McCutchen has three weeks of spring training to show the Rangers he’s worth a spot. They’re well-positioned in the outfield with rising standouts Wyatt Langford in left field and Evan Carter in center field and veteran newcomer Brandon Nimmo in right field.

Still, Carter was limited by injuries to 63 games in 2025, so depth is a concern that McCutchen could help alleviate. His right-handed bat could also serve as a natural complement at the designated hitter spot, where left-handed hitter Joc Pederson is slated for the bulk of the playing time.

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McCutchen played the last three seasons for the Pittsburgh Pirates, the club that drafted him in the first round in 2005 and promoted him in 2009 for his major league debut. McCutchen played his first nine years in MLB with the Pirates, making five straight All-Star teams and winning the 2013 National League MVP award while becoming one of the most popular players in that franchise’s history.

McCutchen bounced around with four other teams between 2018 and 2022, before reuniting with the Pirates. He played in 135 games last season, with 13 home runs, 57 RBIs and a .700 OPS. When the Pirates reported to spring training last month, general manager Ben Cherington publicly kept the door open to bringing back McCutchen, but the signing of veteran Marcell Ozuna effectively eliminated a spot on their roster for him.

“No matter what, Andrew’s a Pirate and certainly our desire will be to continue to have a really strong relationship with him into the future, whatever that looks like,” Cherington said then.

AP Baseball Writer Ronald Blum contributed to this report.

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More severe weather possible in North Texas on Friday

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More severe weather possible in North Texas on Friday


Severe storms are moving across North Texas Wednesday night with strong winds and hail in parts of Kaufman and Wise counties. A brief break arrives on Thursday before a higher threat for large hail, damaging winds, and isolated tornadoes returns Friday.



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Democrat James Talarico wins Senate primary in Texas

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Democrat James Talarico wins Senate primary in Texas


AUSTIN, Texas (AP) — James Talarico did not mention Donald Trump when he greeted exuberant supporters at his primary night celebration.

But the newly minted Democratic U.S. Senate nominee in Texas is now a front man for the political opposition to the Republican president, not just in his own state but around the country. With his victory over U.S. Rep. Jasmine Crockett, the state lawmaker from Austin will test whether a smiling message of unity and change is enough to answer voters’ frustrations amid discord at home and now a war abroad.

READ MORE: What to watch in the consequential Senate primaries in Texas

“We are not just trying to win an election,” Talarico told supporters in the Texas capital early Wednesday. “We are trying to fundamentally change our politics, and it’s working.”

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The campaign provided “Love thy Neighbor” signs to people in the crowd.

The question for Talarico as he heads into the general election campaign is whether he can generate enthusiasm from voters who opted for Crockett because they saw her as the more aggressive fighter against Trump. Crockett conceded to Talarico on Wednesday morning, saying that “Texas is primed to turn blue and we must remain united because this is bigger than any one person.”

Talarico will need all the help he can get in a Republican-dominated state where Democrats have gone decades without winning a statewide race. He will face either U.S. Sen. John Cornyn or state Attorney General Ken Paxton, who advanced to a Republican runoff on Tuesday.

Conventional political wisdom has it that Talarico was the stronger Democratic candidate in November, especially if Republicans nominate Paxton, a conservative firebrand who has weathered allegations of corruption and infidelity over the years.

WATCH: What’s at stake for Democrats and Republicans in the Texas Senate primaries

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Although Democrats are often choosing between moderate and progressive candidates in primaries, they faced a largely stylistic choice in Texas.

Talarico, 36, is a Presbyterian seminarian who quotes Scripture and rarely raises his voice. Crockett, 44, is an unapologetic political brawler who hammers Trump and other Republicans with acidic flourish.

Both have been reliably progressive votes in their current roles and telegenic faces across cable news and social media. Both represent generational change for a party with aging leadership. Each called for a more equitable economy and society. Each talked about bringing sporadic voters into their coalitions.

But Talarico’s broader argument is one that he could have made regardless of whether Trump was in the White House. Talarico’s campaign, he said often, is about addressing a country whose fundamental divide is not partisan but “top vs. bottom.” He regularly assails the rise in Christian nationalism. A former teacher, he has advocated for public education –- and against Texas conservatives’ policies to restrict curriculum and reshape how U.S. history is taught.

“He’s just a good friend and he’s a serious advocate for the disenfranchised and a serious policymaker,” said Lea Downey Gallatin, 40, an Austin resident who became friends with Talarico when they interned together for a congressman.

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Crockett promised Democrats that she could increase turnout within the party’s base, while Talarico campaigned on the theory that he could pull new people into the party’s tent.

“I can’t tell you how many have come up to me, whispering that they’re not a Democrat,” Talarico said as he campaigned in San Antonio in the closing days of the primary campaign. “I can’t tell you how many young people have said it’s the first time that they’ve ever voted, and that they are participating for the first time.”

As he strolled through the city, Talarico posed for pictures and greeted the singer of a Tejano band playing nearby. He later spoke to hundreds of people at the historic Stable Hall, a 130-year-old circular structure built for showing horses and now a converted event center. Hundreds more, unable to get into the full event, wound around the corner and along the sidewalk for blocks.

Inside, Lori Alvarez, a 39-year-old who works for a disaster relief nonprofit, said she supported Talarico because “he really listens to what we need.”

“I think he’s going to be able to make change in Washington for us,” said the married mother of three young girls.

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Yet that was not what attracted so many voters to Crockett.

Troy Burroughs, a 61-year-old Navy retiree, called Crockett “rugged” and “the only one I see fighting for us.”

He added: “I like how she doesn’t back down from anybody.”

Burroughs said some voters probably saw Talarico as more electable because he is more soft-spoken. But, he said, “We’ve got to get into the gutter with these folks, because that’s where they are.”

Talarico, meanwhile, keeps fighting his own way.

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“Tonight, the people of our state gave this country a little bit of hope,” he said Tuesday, “and a little bit of hope is a dangerous thing.”

Barrow reported from Atlanta, Figueroa from Austin, Texas, and Beaumont from San Antonio.

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