This Day in Legal History: Armistice Day
On November 11, 1918, World War I came to an end with the signing of the Armistice between the Allies and Germany. While not a legal instrument in the treaty sense, the armistice was a binding agreement that had massive legal and geopolitical ramifications. Its terms, including a cessation of hostilities, withdrawal of German forces, and surrender of military equipment, were enforced by military and diplomatic means, laying the groundwork for the Treaty of Versailles in 1919. The legal aftermath of the war led to the creation of new nation-states, redrawn borders, and the first formal attempt at international governance through the League of Nations.
November 11 would later be recognized in the United States as Veterans Day, originally commemorated as Armistice Day, reflecting the legal shift from honoring only WWI veterans to recognizing all who served in the U.S. Armed Forces. The legal transition occurred in 1954 when President Eisenhower signed legislation formally renaming the holiday. The legal framework surrounding veterans’ benefits also expanded post-WWI, with landmark legislation like the GI Bill of Rights in 1944 and its subsequent reauthorizations, shaping how the U.S. compensates military service.
Internationally, the armistice also contributed to legal debates over war guilt and reparations, particularly with Article 231 of the Treaty of Versailles—the so-called “War Guilt Clause”—which placed sole responsibility for the war on Germany and its allies. That clause became a flashpoint in both legal and political discussions and was later cited by Germany as a grievance contributing to the rise of Nazism and WWII.
The U.S. Supreme Court declined to hear an appeal from Kim Davis, a former Kentucky county clerk who refused to issue marriage licenses to same-sex couples following the 2015 Obergefell v. Hodges ruling. Davis had argued that her First Amendment right to free exercise of religion shielded her from liability, but lower courts rejected that defense, awarding damages and attorneys’ fees exceeding $360,000 to plaintiffs David Ermold and David Moore. The Sixth Circuit found that Davis’s actions constituted state action, not protected private conduct, and that she could not invoke her own constitutional rights to infringe on the rights of others while acting in an official capacity.
Davis had also asked the Supreme Court to reconsider Obergefell, arguing it rested on the same substantive due process doctrine as Roe v. Wade, which the Court overturned in 2022. However, the justices declined to take up that issue, just as they had in 2020. The Court’s refusal to revisit Obergefell signals a reluctance, at least for now, to reexamine established rights to same-sex marriage, even as the bench remains deeply conservative.
US Supreme Court rejects bid to overturn same-sex marriage right | Reuters
Senior U.S. District Judge Mark Wolf, appointed by President Reagan in 1985, announced his resignation in order to publicly oppose what he describes as President Donald Trump’s abuse of legal authority. In an article for The Atlantic, Wolf accused Trump of weaponizing the law against political enemies while shielding allies, a pattern he claims contradicts the principles he upheld over five decades in the Justice Department and on the bench. Wolf cited Trump’s direction to Attorney General Pam Bondi to indict political opponents, including New York AG Letitia James and former FBI Director James Comey, as especially troubling.
Wolf expressed frustration over the ethical constraints on judges that prevent them from speaking out publicly, saying he could no longer remain silent as Trump undermined the rule of law and dismantled oversight mechanisms such as inspectors general and the FBI’s public-corruption unit. His resignation comes amid heightened tensions between the Trump administration and the judiciary, underscored by combative rhetoric at a recent Federalist Society event. Wolf, who had previously criticized the handling of ethics complaints against Justice Clarence Thomas, said he now plans to support litigation and advocacy efforts to protect democratic norms and defend judges unable to speak for themselves.
Reagan Judge Says He Quit Bench to Speak Out Against Trump
The Trump administration has significantly shortened the time between publicly announcing judicial nominees and holding their Senate confirmation hearings, in some cases to as little as two days—far less than the typical 28-day window used by past administrations. While the Senate Judiciary Committee still adheres to its rule requiring 28 days between receiving nominee questionnaires and hearings, the White House now delays public disclosure until much later in the process, often after nominees have cleared internal background checks. Critics argue this reduces transparency and limits public scrutiny of lifetime judicial appointments, while supporters claim the process is efficient and appropriate given the nominees’ qualifications.
Some nominees, like Louisiana district court picks William Crain and Alexander Van Hook, received swift hearings with little controversy, though others, like appellate nominee Emil Bove, drew public concern during the brief window between announcement and hearing. Observers also criticized the administration’s choice to reveal nominees via Trump’s Truth Social account, often late at night, bypassing traditional press channels. Legal experts suggest this shift reflects a strategic move to minimize opposition and accelerate confirmations, but it has alarmed advocacy groups who say it undermines public trust and democratic norms.
