Wednesday · November 11, 2026
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Supreme Court votes 6–3 to stay out of Massachusetts' fight over the Vietnam War

The state wanted its residents shielded from service in any conflict Congress had not declared; the justices declined to say whether it could.

The Supreme Court voted 6–3 on November 9, 1970, to stay out of the question of whether the Vietnam War was legal. Massachusetts had passed a law protecting its residents from being forced to fight in any military action Congress had not declared a war, and its attorney general asked the justices to let the state enforce it. Congress had never declared war in Vietnam, and the President was acting under the Gulf of Tonkin Resolution of 1964. By refusing the case, the Court left the war's legality with the political branches…

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More from Cold War America
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Students storm the U.S. embassy in Tehran and seize hostages; they want the Shah sent home

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