Adjudged to be AFFIRMED. Thomas, J. delivered the opinion of the Court, in which Roberts, C. J, and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.

Argued. For petitioners: Benjamin M. Flowers, Solicitor General, Columbus, Ohio. For federal respondent: Nicole F. Reaves, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For union respondent: Andres M. Grajales, Washington, D. C.

Motion for divided argument filed by American Federation of Government Employees, Local 3970 GRANTED.

Reply of petitioners The Ohio Adjutant General's Department, et al. filed. (Distributed)

Record received from the U.S.C.A. 6th Circuit. The record has been transmitted electronically.

Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)

Brief amici curiae of Military Law Scholars filed. (Distributed)

Brief of respondent Federal Labor Relations Authority filed. (Distributed)

Brief of respondent American Federation of Government Employees, Local 3970 filed. (Distributed)

CIRCULATION

Motion for divided argument filed by American Federation of Government Employees, Local 3970.

Record requested from the U.S.C.A. 6th Circuit.

Brief amicus curiae of South Carolina filed.

Brief amicus curiae of Americans for Fair Treatment filed.

Brief amici curiae of Mississippi, et al. filed.

Brief amicus curiae of America First Policy Institute filed.

Blanket Consent filed by American Federation of Government Employees, Local 3970

SET FOR ARGUMENT on Monday, January 9, 2023.

Brief of petitioners The Ohio Adjutant General's Department, et al. filed.

Joint appendix filed. (Statement of costs filed)

Blanket Consent filed by Respondent, Federal Labor Relations Authority

Petition GRANTED limited to Question 1 presented by the petition.

DISTRIBUTED for Conference of 9/28/2022.

Reply of petitioners The Ohio Adjutant General's Department, et al. filed.

Brief of respondent Federal Labor Relations Authority in opposition filed.

Brief of Milledge, Matthew Whitmore American Federation of Government Employees, Local 3970, AFL-CIO in opposition filed.

Brief amici curiae of Mississippi, et al. filed.

Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022, for all respondents.

Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due June 16, 2022)

The Ohio Adjutant General's Department, et al., Petitioner, represented by Benjamin Michael Flowers

American Federation of Government Employees, Local 3970, Respondent, represented by Andres Myles Grajales

American Federation of Government Employees, Local 3970, AFL-CIO, Respondent, represented by Matthew Whitmore Milledge

Federal Labor Relations Authority, Respondent, represented by Elizabeth B. Prelogar

America First Policy Institute, Amicus Curiae, represented by Craig William Trainor

Americans for Fair Treatment, Amicus Curiae, represented by David Richard Dorey

Military Law Scholars, Amicus Curiae, represented by Charles Rothfeld

South Carolina, Amicus Curiae, represented by James Emory Smith Jr.

States of Mississippi, et al., Amicus Curiae, represented by Scott Grant Stewart

The American Federation of Labor and Congress of Industrial Organizations, Amicus Curiae, represented by Andrew Lyubarsky