Massachusetts v. Laird

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Massachusetts v. Laird (U.S. Sup. Ct. Nov. 9, 1970) was a case dealing with the conscription aspect of the Vietnam War/Vietnam Conflict that SCOTUS declined to hear the case by a 6-3 vote.


The Commonwealth of Massachusetts challenged the constitutionality of the war. It passed a law stating that no resident of Massachusetts "shall be required to serve" in the military abroad if the armed hostility has not been declared a war by Congress. The attorney general of Massachusetts asked the U.S. Supreme Court to hear its case to test the legality of the Vietnam War.

As a result, a formal war declaration wasn't needed for the draft to be legal.

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