This Day in Legal History: MA Enacts Anti-Vietnam War Legislation
On April 2, 1970, Massachusetts enacted a bold piece of legislation challenging the U.S. government’s involvement in the Vietnam War. The law stated that no resident of Massachusetts, whether inducted or already serving in the military, could be compelled to participate in armed hostilities abroad unless Congress had formally declared war under Article I, Section 8, Clause 11 of the Constitution. At the time, the Vietnam War had escalated significantly without such a formal declaration, raising widespread constitutional concerns. This state-level defiance of federal military policy was one of the clearest legal confrontations to emerge from domestic antiwar sentiment during the era.
Supporters of the law aimed to provoke a judicial review of the war’s legality by forcing the issue into the courts. The ultimate hope was that the U.S. Supreme Court would accept the case and directly address whether the war was unconstitutional due to the lack of a Congressional declaration. However, the Court declined to exercise original jurisdiction, a move that disappointed advocates but was consistent with the Court's cautious approach to politically sensitive war powers questions. The case was instead relegated to the lower federal courts, where it lost much of its political and legal momentum.
This episode underscored the tension between state sovereignty and federal authority, especially in areas of foreign policy and military engagement. It also highlighted the ongoing ambiguity surrounding the War Powers Clause and the separation of powers between Congress and the executive branch. Although the Massachusetts law was largely symbolic and never led to a judicial rebuke of the Vietnam War, it marked a significant moment in the legal resistance to undeclared wars.
Willkie Farr & Gallagher has agreed to commit at least $100 million in pro bono legal services supporting causes aligned with conservative ideals, according to a public announcement by President Trump. This move follows similar flagrant displays of cowardice by other major law firms, Paul Weiss and Skadden, in the face of Trump’s recent executive orders targeting firms based on political associations and past legal work. The deal allows Willkie to avoid a potentially damaging executive order by committing to initiatives like supporting veterans, promoting fairness in the justice system, and fighting antisemitism.
Willkie’s leadership acknowledged the difficult nature of the decision in a firmwide email, saying they evaluated the risks of resistance versus cooperation and ultimately chose to protect the firm’s interests and stakeholders. The firm also pledged to uphold laws on employment practices, maintain bipartisan client representation, and continue work for underrepresented groups. Trump emphasized that Willkie will commit to “merit-based hiring” and avoid what he called “illegal DEI discrimination,” with the firm agreeing to outside legal oversight for compliance.
Doug Emhoff, a partner at Willkie and husband of former Vice President Kamala Harris, reportedly opposed the deal and urged leadership to resist. Just before the announcement, Emhoff warned students at Georgetown Law that democracy and the rule of law are under threat, and that lawyers must defend both.
Trump Strikes Deal With Willkie, Law Firm of Doug Emhoff (2)
Doug Emhoff's law firm Willkie Farr & Gallagher reaches deal with Trump | Reuters
A federal judge has dismissed the U.S. Justice Department’s corruption case against New York City Mayor Eric Adams with prejudice, meaning the charges cannot be filed again. Judge Dale Ho rejected the DOJ’s request for a dismissal without prejudice, citing concerns that leaving the case open could make Adams appear beholden to the Trump administration, especially on immigration enforcement. The decision aligns with an independent legal opinion commissioned by the court, which warned that the threat of reindictment could create the perception that Adams’ actions were motivated by federal pressure rather than public service.
The original charges accused Adams of accepting illegal contributions and favors from Turkish officials, but Adams pleaded not guilty and maintained that the case was politically motivated retaliation for his criticism of President Biden’s immigration policies. In a surprising turn, the Trump administration backed Adams, arguing the prosecution interfered with his re-election efforts and hindered cooperation on deportation efforts.
The case became a political flashpoint in the run-up to the November mayoral election, with Adams facing low approval ratings and a field of Democratic challengers, including former Governor Andrew Cuomo. Multiple prosecutors resigned rather than follow the DOJ directive to drop the case, raising concerns about politicization within the department. Judge Ho’s ruling effectively ends the legal battle but leaves lingering questions about Justice Department independence and the political forces behind the case.
NYC Mayor Eric Adams' corruption case dismissed, cannot be brought again | Reuters
The U.S. Supreme Court heard arguments Wednesday in a major case that could determine whether South Carolina can block Planned Parenthood from receiving Medicaid funds. The state, led by Republican officials, wants to exclude the organization from the Medicaid program because it provides abortions, even though federal funds cannot be used for abortion services. At issue is whether Medicaid recipients have the right to sue states under federal law to access care from any qualified provider, including Planned Parenthood.
The case stems from a 2018 decision by South Carolina Governor Henry McMaster, who ordered Planned Parenthood’s removal from the state’s Medicaid program. The organization and a patient sued under an 1871 civil rights law, arguing that the move violated patients’ rights to choose their healthcare providers. Lower courts sided with the plaintiffs, and the 4th U.S. Circuit Court of Appeals ruled that South Carolina’s actions were unlawful.
Planned Parenthood clinics in South Carolina offer a range of services to Medicaid patients, including cancer screenings, contraception, and general health exams. The state, supported by the Trump administration and represented by the conservative legal group Alliance Defending Freedom, contends that the Medicaid law does not grant individuals the right to sue.
The Supreme Court has addressed elements of this dispute before but has not yet ruled on the key legal question: whether Medicaid enrollees can challenge states that exclude providers for political or ideological reasons. A decision is expected by June.
US Supreme Court mulls South Carolina's effort to defund Planned Parenthood | Reuters
A federal judge has blocked the Trump administration from carrying out mass firings of federal employees still in their probationary period, ruling that the government must follow established procedures for large-scale layoffs. The case stems from the administration’s February dismissal of about 24,500 workers without prior notice to states or local governments. U.S. District Judge James Bredar in Maryland found the move likely violated federal law and ordered that only those employees living or working in the 19 suing states and Washington, D.C. must be reinstated.
This decision narrows an earlier, broader ruling and will remain in effect while the lawsuit continues. The plaintiffs, led by Maryland Attorney General Anthony Brown, argue the firings were politically motivated and part of a broader effort to dismantle the federal workforce. While the administration claims poor performance was behind the dismissals, the judge noted that probationary status alone doesn't justify bypassing legal protections.
The Trump administration has appealed the decision, arguing Bredar overstepped his authority. An appellate court has so far declined to pause the ruling. The case highlights growing tension between the Trump administration’s push to reshape the federal government and the legal limits on executive power over civil service employment.
US judge blocks Trump administration from firing federal employees on probation | Reuters
President Trump is expected to announce a sweeping new set of tariffs today at 4 p.m. ET, but no one seems to know exactly what the nut job in chief has in store. Speculation is rampant, with previous threats including 200% duties on European alcohol imports, and reports suggesting a possible 20% universal tariff. Businesses, investors, and world leaders are on edge, bracing for what could be a dramatic escalation in global trade tensions.
Confusion reigns across industries—from winemakers in Spain who feel caught in a trade war they never asked for, to U.S. auto suppliers now recalculating their costs under layered tariffs that could exceed 50%. Manufacturing data shows signs of contraction, and fears of stagflation are emerging. Stocks are slipping, gold is surging, and key trading partners like the EU, Mexico, and Canada are preparing potential countermeasures. Trump, meanwhile, has dubbed today “Liberation Day,” further muddying the policy waters.
With the exact scope and structure of the duties still unknown, the only certainty right now is uncertainty.
Trump Tariffs Live: Global stock market and trade war fears as April 2 announcement looms | Reuters
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