Lawsuit Against Iraq War Refiled In Boston
Posted: Mon Mar 17, 2003 5:50 pm
Group Challenges President's Authority To Attack Iraq
A lawsuit challenging President George W. Bush's authority to launch a war against Iraq was refiled in court Monday as Bush gave Iraqi President Saddam Hussein an ultimatum to leave his country or face a U.S.-led war.
Last week, the 1st U.S. Circuit Court of Appeals upheld a lower court's decision to dismiss the lawsuit, which claims Bush needs a formal declaration of war from Congress before launching a war against Iraq.
The lawsuit was filed last month by six Democratic congressmen, three unnamed servicemen and parents of servicemen who claimed that even though Congress authorized the use of force with Iraq in an October resolution, it has not specifically declared war as required by the Constitution.
In its ruling last week, the appeals court said it had no business intervening without clear conflict between the legislative and executive branches. The court did not address the plaintiffs' argument that the congressional resolution authorized war with Iraq only with United Nations approval, saying the claim could not be evaluated because war has not started.
John Bonifaz, lead attorney for the plaintiffs, said the time is now ripe for the court to consider the lawsuit.
"The Security Council has clearly not authorized this war and yet the president has indicated he is proceeding to launch an invasion nonetheless," Bonifaz said Monday.
"He does not have the constitutional authority to launch a unilateral invasion of Iraq. Congress only authorized it only on the condition that the United Nations would approve."
No hearing date was immediately set by the court.
A lawsuit challenging President George W. Bush's authority to launch a war against Iraq was refiled in court Monday as Bush gave Iraqi President Saddam Hussein an ultimatum to leave his country or face a U.S.-led war.
Last week, the 1st U.S. Circuit Court of Appeals upheld a lower court's decision to dismiss the lawsuit, which claims Bush needs a formal declaration of war from Congress before launching a war against Iraq.
The lawsuit was filed last month by six Democratic congressmen, three unnamed servicemen and parents of servicemen who claimed that even though Congress authorized the use of force with Iraq in an October resolution, it has not specifically declared war as required by the Constitution.
In its ruling last week, the appeals court said it had no business intervening without clear conflict between the legislative and executive branches. The court did not address the plaintiffs' argument that the congressional resolution authorized war with Iraq only with United Nations approval, saying the claim could not be evaluated because war has not started.
John Bonifaz, lead attorney for the plaintiffs, said the time is now ripe for the court to consider the lawsuit.
"The Security Council has clearly not authorized this war and yet the president has indicated he is proceeding to launch an invasion nonetheless," Bonifaz said Monday.
"He does not have the constitutional authority to launch a unilateral invasion of Iraq. Congress only authorized it only on the condition that the United Nations would approve."
No hearing date was immediately set by the court.