In his ruling last month, Tauro said a federal court can judge the war policies of political branches of government only when actions taken by Congress and the president are in "resolute" conflict -- a situation that he said did not exist at the time.
Look again. Nothing is said on whether Congress declared war under the constituion or not, just that the court restrains themselves from reviewing the issue. Matter of fact, if you wish to read anything into these plain vanilla comments, it would be that Congress did not declare war under 1-81-11.
This court wimped out. They most certainly could have reviewed the issue. They knew they would have to take judicial notice of the unconstitutional attempt to transfer Article 1 powers to a branch governed under Article 2.
That's a very unPC can of worms and no court wants to open it. 