U.S. President Donald Trump speaks to reporters in the Oval Office of the White House on Feb. 3, 2025 in Washington, D.C. Trump was joined by, left to right, Commerce Secretary Howard Lutnick, former Executive Chairman of Fox Corporation Rupert Murdoch and Oracle CTO Larry Ellison. (Photo by Anna Moneymaker/Getty Images)
WASHINGTON — U.S. Democratic lawmakers argued in a new legal filing this week that President Donald Trump’s sweeping emergency tariffs usurped congressional power, and they urged a federal appellate court to strike down the duties on foreign imports.
The U.S. Court of Appeals for the Federal Circuit is set to hear oral arguments over some of Trump’s tariffs after a lower court blocked them in May. Despite being tied up in court, Trump continued threatening tariffs Wednesday on numerous trading partners, including a 50% import tax on goods from Brazil.
Nearly 200 lawmakers signed onto the amicus brief Tuesday, asserting that the International Emergency Economic Powers Act, under which Trump triggered the duties, “does not confer the power to impose or remove tariffs.”
The lawmakers argued that Trump’s unprecedented use of IEEPA violates Article I of the U.S. Constitution that authorizes Congress to “lay and collect taxes, duties, imposts and excises” and “regulate commerce with foreign nations.”
“This reflects the Framers’ interest in ensuring the most democratically accountable branch — the one closest to the People — be responsible for enacting taxes, duties, and tariffs,” wrote the 191 Democratic members of Congress, citing the Federalist Papers, in their 65-page brief.
Congress has “explicitly and specifically” delegated tariff-raising powers to the president, but not under IEEPA, according to the lawmakers.
“Unmoored from the structural safeguards Congress built into actual tariff statutes, the President’s unlawful ‘emergency’ tariffs under IEEPA have led to chaos and uncertainty,” the lawmakers wrote.
‘Economic chaos,’ price hikes cited
Sen. Jeanne Shaheen of New Hampshire, top Democrat on the Senate Committee on Foreign Relations, co-led the brief with Oregon’s Sen. Ron Wyden, top Democrat on the Senate Finance Committee.
House Minority Leader Hakeem Jeffries also co-led, along with Reps. Gregory Meeks of New York, Joe Neguse of Colorado, Jamie Raskin of Maryland and Richard Neal of Massachusetts.
In a statement Wednesday, Shaheen said Trump’s “reckless tariff agenda has caused economic chaos and raised prices for families and businesses across the country at a moment in which the cost of living is far too high.”
“The Trump Administration’s unlawful abuse of emergency powers to impose tariffs ignores that he does not have the authority to unilaterally impose the largest tax increase in decades on Americans. This brief makes clear that IEEPA cannot be used to impose tariffs,” Shaheen said.
May decision
The U.S. Court of International Trade struck down Trump’s emergency tariffs in a May 28 decision, following two legal challenges brought by a handful of business owners and a dozen Democratic state attorneys general.
Arizona, Colorado, Maine, Minnesota, Nevada, New Mexico and Oregon were among the states that brought the suit.
The lead business plaintiff is V.O.S. Selections, a New York-based company that imports wine and spirits from 16 countries, according to its website. Other plaintiffs include a Utah-based plastics producer, a Virginia-based children’s electricity learning kit maker, a Pennsylvania-based fishing gear company, and a Vermont-based women’s cycling apparel company.
Following an appeal from the White House, the Federal Circuit allowed Trump’s tariffs to remain in place while the case moved forward.
Triple-digit tariff
Trump used IEEPA to declare international trade a national emergency and announced tariffs on nearly every other country on April 2 in what he dubbed as “Liberation Day.”
Tariffs reached staggering levels on major U.S. trading partners, including 46% on Vietnam, 25% on South Korea and 20% on the European Union.
The announcement wiped trillions from markets, which have largely recovered. Trump delayed all but a 10% base tariff for 90 days on every country except China. Trump fueled a trade war with the massive Asian nation, peaking at a 145% tariff rate, but then temporarily settling between 10% and 55%, depending on the good.
Even before Trump shocked the world with his “Liberation Day” announcement, small business owners from around the U.S. told States Newsroom they were bracing for potentially devastating economic effects.
The trade court’s ruling — a pending appeals litigation — does not apply to tariffs Trump imposed under other statutes, including national security-related duties on foreign automobiles, as well as steel and aluminum. Some of the steel tariffs, imposed during Trump’s first term, were left in place under former President Joe Biden.
As the conflict unfolds between Iran, Israel and the United States, the Wisconsin Project on Nuclear Arms Control is keeping governments and media outlets across the globe informed on who is building a bomb.
A B-2 Stealth Bomber performs a fly over before the NFL game between the Kansas City Chiefs and the Baltimore Ravens at GEHA Field at Arrowhead Stadium on Sept. 5, 2024 in Kansas City, Missouri. (Photo by Christian Petersen/Getty Images)
This report has been updated.
WASHINGTON — President Donald Trump said Saturday night that the United States has attacked three nuclear sites in Iran, and all U.S. planes were outside Iran and on their way back to the United States.
“A short time ago the U.S. military carried out massive precision strikes on the three key nuclear facilities in the Iranian regime: Fordow, Natanz, and Esfahan,” Trump said in brief televised remarks from the White House just after 10 p.m. Eastern.
“Our objective was the destruction of Iran’s nuclear enrichment capacity and a stop to the nuclear threat posed by the world’s No. 1 state sponsor of terror,” he said. “Tonight, I can report to the world that the strikes were a spectacular military success. Iran’s key nuclear enrichment facilities have been completely and totally obliterated.”
Flanked by Vice President J.D. Vance, Secretary of State Marco Rubio and Defense Secretary Pete Hegseth, Trump said he hoped the strikes would be the extent of the U.S. offensive in Iran, but he warned he would authorize attacks on other targets if Iran did not end the war.
“Iran, the bully of the Middle East, must now make peace,” he said. “If they do not, future attacks will be far greater and a lot easier.”
Trump had first announced the strikes roughly two hours earlier on social media.
“All planes are now outside of Iran air space. A full payload of BOMBS was dropped on the primary site, Fordow. All planes are safely on their way home. Congratulations to our great American Warriors. There is not another military in the World that could have done this. NOW IS THE TIME FOR PEACE!Thank you for your attention to this matter,” he wrote.
Several U.S. House Democrats questioned the legality of the bombing.
“President Trump has no constitutional authority to take us to war with Iran without authorization from Congress, and Congress has not authorized it,” Don Beyer, a House Democrat from Virginia, wrote on X.
Earlier Saturday, there had been numerous reports that B-2 bombers had been sent from Whiteman Air Force Base in Johnson County, Missouri, and were flying across the Pacific Ocean. Department of Defense leaders said at a Sunday morning press conference that those bombers were decoys, “a deception effort known only to an extremely small number of planners and key leaders here in Washington and in Tampa,” said Chairman of the Joint Chiefs of Staff Dan Caine. “The main strike package comprised of 7 B-2 spirit bombers, each with two crew members, proceeded quietly to the east with minimal communications. “
Trump returned to the White House at about 6 p.m. Eastern on Saturday from his golf club in Bedminster, N.J., to attend a national security meeting at the White House.
The attack on the Iran sites supports a key U.S. ally, Israel, while distancing another foreign policy priority for the Trump administration, a deal to limit Iran’s nuclear development.
“I want to thank and congratulate Prime Minister Bibi Netanyahu,” Trump said at the White House, referring to the Israeli prime minister.
Trump has repeatedly said Iran must not be allowed to develop nuclear weapons.
GOP backs Trump
Republican lawmakers in national security roles quickly weighed in on social media and in statements Saturday to support Trump’s decision.
Senate Majority Leader John Thune, R-S.D., said in a statement: “The regime in Iran, which has committed itself to bringing ‘death to America’ and wiping Israel off the map, has rejected all diplomatic pathways to peace. The mullahs’ misguided pursuit of nuclear weapons must be stopped. As we take action tonight to ensure a nuclear weapon remains out of reach for Iran, I stand with President Trump and pray for the American troops and personnel in harm’s way.”
“Our commander-in-chief has made a deliberate—and correct—decision to eliminate the existential threat posed by the Iranian regime,” U.S. Senate Armed Services Chairman Roger Wicker, R-Miss., wrote on X. “We now have very serious choices ahead to provide security for our citizens and our allies and stability for the middle-east. Well-done to our military personnel. You’re the best!”
House Intelligence Chairman Rick Crawford, an Arkansas Republican, blamed Iran for the conflict.
“As I have said multiple times recently, I regret that Iran has brought the world to this point,” he wrote on X. “That said, I am thankful President Trump understood that the red line—articulated by Presidents of both parties for decades—was real. The United States and our allies, including Israel, are making it clear that the world would never accept Iran’s development of a nuclear weapon.”
Sen. Todd Young, an Indiana Republican and member of the Senate Intelligence Committee who is not always aligned with Trump, also praised the move.
“Thank you to our brave service members who executed this mission,” he said. “The world will be safer if Iran’s nuclear capability is destroyed. I look forward to briefings in the coming days.”
Kentucky Republican Rep. Thomas Massie, a libertarian who is often at odds with his party leadership, expressed his opposition in a Saturday night social media post.
Pennsylvania Sen. John Fetterman called the move “the correct decision,” adding that “Iran is the world’s leading sponsor of terrorism and cannot have nuclear capabilities.”
But members of the Congressional Progressive Caucus raised the issue of congressional authorization and called for a vote on a privileged resolution sponsored by California Democrat Ro Khanna and Massie that would block military force against Iran.
“Donald Trump illegally took military action against Iran—without congressional authorization—risking dragging us into another endless war,” Arizona Democrat Yassamin Ansari wrote. “I am calling for an immediate emergency session of Congress to vote on the War Powers Resolution.”
“Instead of listening to the American people, Trump is listening to War Criminal Netanyahu, who lied about Iraq and is lying once again about Iran,” Michigan Democrat Rashida Tlaib wrote. “Congress must act immediately to exert its war powers and stop this unconstitutional act of war.”
House Minority Leader Hakeem Jeffries, a New York Democrat, was sharply critical.
“Donald Trump promised to bring peace to the Middle East. He has failed to deliver on that promise. The risk of war has now dramatically increased, and I pray for the safety of our troops in the region who have been put in harm’s way,” Jeffries said in a statement.
“President Trump misled the country about his intentions, failed to seek congressional authorization for the use of military force and risks American entanglement in a potentially disastrous war in the Middle East.”
He said Congress must immediately be briefed in a classified setting.
Warning from Iran
Israel began bombing what it said were Iranian nuclear facilities last week, scuttling U.S. negotiations with Iran, which Trump repeated again Wednesday had been close.
In a statement issued through a spokesman on state-run TV Wednesday, Iran’s Supreme Leader Ayatollah Ali Khamenei warned the U.S. not to get involved.
“Any form of U.S. military intervention will undoubtedly be met with irreparable harm,” the statement said, according to a BBC translation.
Prior to the announcement, congressional Republicans were generally supportive of an aggressive posture toward Iran.
Sen. Ted Cruz, a Texas Republican, told reporters at the Capitol that Iran’s nuclear program was meant to threaten the United States.
“When the Ayatollah chants ‘Death to America,’ I believe him,” Cruz said, referring to Iran’s supreme leader, Ayatollah Ali Khamenei. “So does President Trump, and that’s why, as commander-in chief, he is acting decisively to keep America safe.”
The potential of a nuclear Iran has animated U.S. policy debates about the region for more than a decade.
In his first term, Trump withdrew from a deal negotiated by former President Barack Obama’s administration that lifted sanctions on Iran in exchange for limiting its nuclear development.
Iran and Hamas
Iran and Israel have not had diplomatic relations since the Iranian Revolution in 1979 and each has been a primary antagonist in the other’s foreign policy.
Israel has long prioritized denying Iran a nuclear weapon. Iran has funded Hamas, the militant group that launched the October 2023 attack on Israel that sparked the ongoing war in Gaza, and Hezbollah, a militant group in Lebanon.
U.S. Sen. Joni Ernst raised Iran’s support for Hamas at a Senate Armed Services Committee hearing last week, using it as a rationale for U.S. involvement in the region.
“Who is the primary funder of Hamas?” the Iowa Republican asked Hegseth.
Hegseth answered Iran.
“Forty-three Americans lost their lives on Oct. 7 at the hands of Hamas,” Ernst continued. “So when there is a question about whether it’s appropriate for America to be engaged in the Middle East, in defending Americans that live and work abroad, I think there’s our answer.”
President Donald Trump said Saturday that the U.S. military struck three sites in Iran, directly joining Israel ’s effort to decapitate the country's nuclear program.
Trump’s reinstated travel ban took effect on Monday. A refugee who resettled in 2021 told WPR’s “Wisconsin Today” that this and other moves are causing uncertainty for Afghan refugees in Wisconsin and abroad.
The aftermath of the battle between the 28th Division and German troops in Gathemo, France, in August, 1944. (Screenshot from National Archives film)
The liberation of Gathemo, France, won’t be found in many history books about the Second World War.
After all, it was one town among hundreds on a map that needed to be taken from the occupying Germans in the slow, methodical, grinding Battle of Normandy that began on D-Day: June 6, 1944. That’s when the Allies landed soldiers on five beaches and airborne troops dropped behind enemy lines as part of the war to wrest Europe from Nazi Germany.
Public perception may condense what happened after the invasion into simple terms: The Allies landed, established a beachhead and the fight was over. Tragically, it did not all end in a matter of days and the cost was steep – nearly 210,000 Allied casualties, and around 400,000 German losses.
American soldiers head ashore during the D-Day Invasion of the French Coast. Troops ahead are lying flat to avoid German machine-gun fire. (National Archives)
Throughout the summer, the Allies pushed the German Army back through tiny villages, cities, farmland, hedgerows and plains in a war of attrition. U.S., British, Canadian, and other allied forces gained ground – sometimes only in mere yards — each day.
By August, the Germans were retreating and desperately attempting to avoid becoming encircled. Gathemo soon found itself in the midst of the maelstrom.
For the first time in the war, Pennsylvania’s own 28th Infantry Division was leading the way to try to liberate the town, flanked by the veteran 4th and 29th divisions.
Two soldiers from the 28th Division walk amid the ruins of Gathemo, France, in August 1944. (Screenshot of National Archives film)
The men and women of Gathemo have never forgotten the men who wore the red keystone patch – dubbed the “bloody bucket” by the Germans – on their shoulders.
Nearly 81 years later, the community will show its gratitude on Saturday by unveiling a memorial honoring nine men from the 28th who gave their lives so Gathemo could be free and are renaming a street after the division.
At a time when international relations are tense and some American leaders are questioning alliances in Europe, the gesture is a reminder of how deep the bond runs between the French and their liberators. And the commemoration that will take place Saturday began because one man wondered what happened to his great-uncle in the war.
He could never have imagined where his search would lead.
‘Filling in the blanks’
Fifty-year-old Shaun Nadolny doesn’t have any ties to Pennsylvania.
The assistant airport operations manager for Milwaukee County in Wisconsin is a self-described history lover, whose grandfather Leo Nadolny fought in the Pacific Theater with the Marines against the Japanese.
Shaun Nadolny’s dad, born four years after the war ended in 1949, was named after Leo’s brother Jerome Francis, who was one of nine men killed in Gathemo. The two brothers never knew each other’s whereabouts while in combat, so Leo didn’t learn about Jerome’s death for nearly a year.
Letters from his parents informing him about the loss weren’t reaching him, so tragically, he kept asking about his brother when writing home.
Pvt. 1st Class Jerome Nadolny, 109th Inf. Regt. 28th ID, Milwaukee, Wisconsin, was killed in Gathemo, France, in August 1944. (Courtesy of Shaun Nadolny)
Like most families at the time, the Nadolnys didn’t know much about Jerome’s service, except that he died in France. A family member has the Purple Heart that was issued posthumously.
“I’ve learned a lot about my grandpa, Leo, because in about 2001, I sent a letter to the government saying, ‘As part of the Freedom of Information Act, I was wondering if you could share his military file.’ And they did,” he said.
The packet arrived about 18 months later and provided him with a window into his grandfather’s wartime experiences – where he fought, the battles he survived and even the ships he was transported on in the Pacific.
“It kind of led me down this path about his brother Jerome, that we knew nothing about. We just literally had a picture of his cross on his grave over in Brittany (France), and a picture of him. That’s all my dad ever had,” he said. “He just knew that, ‘Hey, I was named after my uncle who I never met who was killed over in France.’”
About a decade ago, he wrote the government again with a request for Jerome’s military file. He wasn’t as fortunate this time around. The records were believed to have been destroyed in a fire at the National Personnel Records Center in St. Louis in 1973. It was one of up to 18 million service members’ files lost.
He did receive some basic information: Jerome’s draft enrollment card and where he was originally buried in France before his remains were repatriated in the Brittany American Cemetery.
Another key detail came from a picture of Jerome’s grave marker. He served in the 109th Infantry Regiment, as part of the 28th Infantry Division. Prior to the war, the 28th was a Pennsylvania National Guard unit based at Fort Indiantown Gap in Lebanon County. It was nationalized by the federal government in February 1941.
“I just started kind of looking into that unit in that division,” Nadolny said. “A friend said, ‘Hey man, you’re kind of at a dead end with this research on your great uncle. You should look at a 28th Infantry Facebook group or a family group, because you’re not going to get anything more from the government.’”
Jerome Nadolny’s draft registration card. (Courtesy of Shaun Nadolny)
So in the group, he ended up in touch with a Frenchman, Christophe Clement, who works in logistics. But, his real passion is World War II history. When he was 15 or 16, he would ride his bike from cemetery to cemetery to make sure the graves of Allied soldiers were well kept. He’s studied in Canada to be a historical adviser and volunteers with the Mike Pride Mobile Museum. Clement’s Facebook page is filled with pictures and videos – historical and current – of his efforts to keep the memory of Allied soldiers alive.
But, he has always felt a connection to the men wearing the keystone symbol on their uniforms and helmets. His hometown of Senlis was liberated by the division. During WWI, a soldier from the 28th died there and another five were killed in the same area during the second worldwide conflict.
Clement connected Nadolny with a retired lieutenant colonel from the 28th – Corey Angell, who served in Iraq and Afghanistan and who has a passion for documenting the history of his beloved unit.
Angell soon was able to add a few more pieces to the puzzle for Nadolny – Jerome’s company, his death from a gunshot wound and how he was identified by his paybook.
“So, they kind of started filling in just some of the blanks,” Nadolny said. “And all I ever was doing for the last 15 years was just learning a little bit more about my family history.”
‘Just another guy’
Clement had an idea after corresponding with Angell and Nadolny – to build a memorial to the 28th’s fallen in the nondescript town of Gathemo in Normandy. The idea blew Nadolny’s mind. He figured his great-uncle was just a typical grunt doing his job. After all, he wasn’t part of the D-Day landings or some super soldier that earned a chestful of medals.
Christophe Clement holds a WWII-era sign for the French town of Gathemo. (Courtesy of Christophe Clement)
“He’s just another guy. He came after the invasion, and was killed very early in – Aug. 12,” he said. “Nothing heroic about it.”
Nadolny didn’t want his relative to be singled out, so Clement did some digging and learned the names of eight other members of the 28th who were killed in the fight to liberate the townspeople from four years of German occupation.
“When you search for information about soldiers or about combat actions or whatever, it really is like a police inquiry,” Clement said, speaking through a translator.
Clement is an old pro at working to honor the memory of Allied soldiers who paid the ultimate price on French soil. About a dozen years ago, he started working to create monuments to members of the 28th around his part of France.
He will turn 40 on Saturday, the same day as the ceremony, which will have special significance because Clement says it will be the last monument he helps build. Organizing the tributes is becoming increasingly complicated, said Clement, who has worked to preserve the memory of 15 members of the Bloody Bucket who were killed in France during the world wars and an estimated 400 other Allied soldiers.
The Battle
The 28th Infantry Division didn’t enter the conflict until about a month-and-half after D-Day – July 22, 1944 – and landed at Omaha Beach. At that point, the Allies were building momentum toward a breakout inland.
The division found itself in hedgerow country (known to the French as “bocage”).
The fighting across the terrain – made up of farm fields broken up by a series of overgrown hedges and trees that towered above walls of dirt that could reach up to six feet in height— was slow, brutal and hindered any sustained advance.
Six days after arriving on French soil, the 28th suffered its first casualty when an officer was seriously wounded.
But its biggest test to come was in Gathemo, beginning on Aug. 7.
“The 28th Division troops got their first experience in hedgerow warfare during the fighting at Percy and Hill 210, but they faced a far more intense test a week later at Gathemo and Hill 288, just outside the town,” said Walter Zapotoczny an author, Army veteran, former command historian of the 28th Infantry Division and president of the 28th Infantry Division Association.
A cemetery in Gathemo, France, stands amid the ruins of the town in August, 1944. (Courtesy of the National Archives)
Jerome Nadolny and his fellow soldiers in the 109th regiment were among the first American troops moving toward the town around 6:30 a.m. Waiting for them, according to Zapotoczny, was at least half of the German 84th Infantry Division, an 88-mm anti-tank battalion, the 84th Division artillery and other enemy forces.
After hours of heaving fighting and nightfall approaching, three battalions of the 28th dug in – without much forward progress. But, the Germans weren’t done. As the Allies had learned through Africa, Sicily, and Italy, their enemy utilized the counterattack as a favored tactic.
Major Paul F. Gaynor, who was commanding the regimental anti-tank company described what happened next:
Three German tanks accompanied by more than 100 infantrymen came out of Gathemo. The tanks were equipped with searchlights which were used to illuminate the area where the men were digging in. Direct fire from the tanks’ guns and machine guns at ranges of 60 to 75 yards caused heavy casualties. The accompanying infantrymen, who were equipped with a large number of automatic weapons, took advantage of the confusion.
Bazookas were quickly brought into action (by U.S, troops)….the tanks and their infantry support withdrew to Gathemo upon meeting this resistance.”
A soldier with the 28th Division stands amid the ruins of Gathemo, France, in August 1944. (Screenshot from National Archives film)
The next day didn’t yield much gain in ground. The 28th advanced another 300 to 400 yards. The Germans may have been in retreat, but continued to fight tenaciously. It wouldn’t be until the morning of Aug. 10 that American troops entered the town, and by the afternoon Gathemo was liberated.
“The battle of Gathemo caused the greatest losses and the most resistance up to that point in the 28th Division’s experience,” Zapotoczny added, “It was at Gathemo that the 28th Division endured its most brutal battle of the Northern France campaign.”
The cost in and around Gathemo was the lives of nine members of the 28th, including three from Pennsylvania:
An estimated 235 men were wounded.
On Aug. 19, the 77-day Battle of Normandy came to an end with the Germans in full retreat and tens of thousands captured when the Falaise pocket was closed by Allied troops.
“Although not directly involved in the fiercest fighting at Chambois, where Polish and Canadian forces sealed the pocket, the 28th Division’s aggressive advance helped prevent German units from escaping to the east or regrouping, effectively pressing the western and southern flanks of the pocket,” Zapotoczny said.
A mere 10 days after the German defense of Normandy collapsed, the men of the Bloody Bucket were taking part in the liberation day parade throughout Paris.
American troops of the 28th Infantry Division march down the Champs-Élysées, Paris, in the `Victory’ Parade.” Poinsett, Aug. 29, 1944. (Courtesy of the National Archives)
Tracking down the relatives
As plans for the dedication ceremony took shape, Cory Angell, the retired 28th Division officer, continued to try to reach as many families of the nine soldiers killed in Gathemo as possible to give them a chance to attend in-person or watch it online.
He spends his spare time researching photos and videos throughout history of the men and women who served in the country’s oldest Army division.
“We’re kind of a small group, right? A lot of people just retire and move on. There’s some of us that are just diehards and I’m one of them,” Angell said. “I’m an old soldier, retired from the division which I grew up with. Really, the beginning and end of my career was in the division wearing the keystone patch.”
Since Pvt. Irwin S. Fox was from Pittsburgh, he turned his attention to trying to find his relatives.
Military records show Fox enlisted in the Army on Jan. 9, 1944, just months before the invasion. He was assigned to the 110th Infantry Regiment with the 28th Division.
Angell started by Googling the names of the nine soldiers. With Fox, he was able to make a connection to Pittsburgh. He then reached out to the Heinz History Center, who put him in touch with the Pittsburgh Jewish Genealogy Society.
“The guy said, ‘Last I can tell, that family moved to Columbus, Ohio. Let me put you in touch with a guy for Jewish history in Columbus, Ohio.’ And that’s how they go, ‘Yeah, we got him. Here’s her phone number.’”
Soon, he was on the phone with Evelyn Fox Weiner, Irwin’s 89-year-old niece.
“What was a real joy to me and I hope that all those that are involved can really appreciate it when we do find the family members, the three that we found have been amazed and thrilled,” Angell said. “People are like, ‘What? You’re kidding me.’”
‘My grandmother became a Gold Star mother’
Fox was a first-generation American. His grandfather was from Ukraine and his grandmother grew up in Latvia. He graduated from Schenley High School in Pittsburgh’s North Oakland neighborhood. His mom, dad, sister and brother eventually moved to Squirrel Hill. He was married to Josephine Greenberg. A picture from 1944 shows a striking couple – Josephine sporting a knee-length skirt and a clean-shaven Irwin in uniform with his right arm casually, but firmly around her hip.
He was 29 when he died in combat.
“He was very loving and nice,” said Weiner. “He was revered enough that my family had another son who was named after him.”
His namesake, Irwin S. Fox, is 77-years-old and lives in Phoenix, Arizona, with his wife.
He didn’t know much about his uncle until about 1964, when he came across some old photos.
“All I knew was that he was killed shortly after D-Day. I didn’t know any of the details until I saw the gravestone,” Fox said. The headstone is marked with his uncle’s date of death, Aug. 13, 1944. “I just knew from history that he was in hedgerow country in France.”
Irwin Fox and his wife recorded a message on a record to his parents, after Passover in the spring of 1944. The audio and photos were provided to the Capital-Star by his namesake, Irwin S. Fox. (Audio slideshow produced by Tim Lambert)
Fox’s death in Gathemo hit the family hard and Weiner isn’t sure her grandmother ever recovered from the loss of her youngest child.
“I remember the Blue Star in the window in their apartment and their home at that time, if you had somebody in the service, it was a small banner,” said Weiner, who still has the telegram from the War Department informing the family of his death. “Then my grandmother became a Gold Star mother after he was killed.”
When the war was over, families had to decide whether to bring the remains of their loved ones home or whether they would remain buried in Europe. Fox’s mother chose to have his body returned to the U.S.
In March 1949, he was buried at Shaare Torah Cemetery in Whitehall in Allegheny County.
A family photo dated Sept. 15, 1964, shows his mother standing in front of his grave marked by an American flag. Her graying hair peeks out from her yellow headscarf and she’s wearing a long, black coat. Her hands are clasped and her face is grief-stricken.
“I think that’s the most poignant picture I have,” Irwin Fox said.
Bubba (Rebecca) Nathan’s and Irwin’s mother at gravesite September 1964
The family is grateful to have learned a little bit more about Irwin’s short time in France, but will not be able to make the ceremony.
“It meant enough, and Irwin was revered enough, then when we found out about it, which was only two weeks ago, that there were 15 members of our family that were ready to go to France, really, to be there at that dedication, that’s how quickly we all wanted to be there to honor and to share what we could with him,” Weiner said. “Due to logistics and complications due to travel, it’s not happening. We all revered Irwin’s service to the United States and what he did and the sacrifice that he made. It totally changed several generations.”
She and Irwin are touched by the gesture of the people of Gathemo.
“The people actually cared what Americans did and the sacrifice they made (It) had an effect on the world. That is wonderful,” Irwin said. “It kind of renews in me to want to make a difference in the world.”
Weiner said it’s gratifying that the town is remembering the soldiers who died to liberate it from the Germans.
“It never replaces a life, but does it give hope or meaning or set something up for generations to come,” she said.
‘Such a rewarding feeling’
The next puzzle piece was tracking down another fallen soldier with Pennsylvania connections.
Not much is known about Pfc. Merritt Boyle’s military service. He was from Chinchilla, Lackawanna County, and served in the 109th Infantry Regiment of the 28th Infantry Division.
He’s buried at the Shady Lane Cemetery in Dixon City.
Merritt Boyle is buried at the Shady Lane Cemetery in Dixon City, Lackawanna County. (Courtesy of the 28th Infantry Division)
Angell had a lead on another namesake – 53-year-old Merrit Boyle of Old Forge,, who trains athletes, owns a gym and does life coaching.
It turns out, though, that Merrit doesn’t really answer his phone.
So Angell reached out to the 109th Infantry Regiment Association in Scranton and one of their members just showed up at Boyle’s doorstep.
“I came back from walking my dogs and I locked both doors and I’m setting up my schedule for the day and I heard a banging on the back door. I’m like, ‘Who the hell is banging on my back door?’” he said. So, I’m looking at him and he said, ‘Are you Merrit?’”
The two talked for about 90 minutes about the division, about where Merritt was killed and the upcoming ceremony. The talk started to fill in some blanks for the younger Boyle.
He had heard some stories about the man he was named after – like how he loved his country and was only in France a short time before his death.
Like, how his grandmother, Marjorie, who was Merritt’s mother, asked her daughter, Mary, to name one of her children after her fallen son.
“They weren’t planning on having another kid. I’m the youngest by six years, so I was kind of like a surprise,” he said. “Marjorie went to my mom and said, ‘Look, it would mean a lot for me to keep his legacy alive,’ because Merritt was a very special person to her. You could tell just from talking to her, telling me stories, and I remember sleeping over at her house and she’d be telling me great stories on how he was always into trouble.
Video of tank crews and members of the 28th Infantry Division in an around Gathemo, France, during the Battle of Normandy in August 1944. (From the National Archives)
The twist is they spelled his name wrong on his birth certificate. As his namesake, he has one “T” in his name.
“I love that I have that legacy. I’ve always felt a connection to him when I pray at night, I always have that connection that there’s someone watching me,” Boyle said. “That’s why it was such a rewarding experience to find out a little bit more of his history and I learned a lot from talking to many people that were very helpful and getting me up to pace with some of the details of where he was and what happened.”
Boyle said his uncle didn’t get a chance to live his life.
“I feel him live through me in many regards. … That I was named after him and (in) his honor and that just hearing how they spoke of him, it made me want to do better,” he said. Merrit does have a wooden carving Boyle made when he was in service and the flag that was put over his coffin when his remains were returned to Pennsylvania.
He is grateful to know his uncle’s memory will live on in the land where he fell.
“We kind of sometimes today get caught up in the politics and the cynicism a lot of times of Republican or Democrat, all this kind of stuff. To see 80 years later that there’s still appreciation for what those great men did gives such a rewarding feeling,” he said.
Tomorrow, read about Shaun Nadolny’s trip of a lifetime, as Gathemo prepares to pay tribute to the 28th Division and the men who died to liberate it. If you would like to watch the dedication ceremony, it is set to begin at 5:00 a.m. EST and will be livestreamed on the Mike Pride Museum YouTube channel: https://www.youtube.com/@grpicardie3945.
Pennsylvania Capital-Star is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Tim Lambert for questions: info@penncapital-star.com.
A traveling exhibit on display at the Wisconsin Historical Society offers an intimate portrait of how Hmong people created community after fleeing war.
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