Massachusetts v. Laird

Massachusetts v. Laird, 400 U.S. 886 (1970), was a case dealing with the conscription aspect of the Vietnam War that the Supreme Court declined to hear by a 6–3 vote.

Massachusetts v. Laird
Decided November 9, 1970
Full case nameCommonwealth of Massachusetts, Plaintiff v. Melvin R. Laird, Secretary of Defense
Citations400 U.S. 886 (more)
91 S. Ct. 128; 27 L. Ed. 2d 130; 1970 U.S. LEXIS 514
Holding
Declined to hear the case.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
s
DissentDouglas
DissentStewart
DissentHarlan

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 Supreme Court to hear its case to test the legality of the Vietnam War.

The Supreme Court declined to hear the case due to a lack of jurisdiction.

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