Decision To Throw Out Antiwar Lawsuit Upheld

WSBTV.com ^ | March, 13, 2003 | ?

[Hadean]

A federal appeals court on Thursday upheld a judge's decision to throw out a lawsuit challenging President George W. Bush's authority to attack Iraq, dismissing arguments that Congress has unconstitutionally left the decision to Bush.

The 1st U.S. Circuit Court of Appeals said it had no business intervening without clear conflict between the legislative and executive branches.

The court did not address the plaintiffs' argument that a congressional resolution authorized war with Iraq only with United Nations approval, saying the claim could not be evaluated because war has not started.

Last month, six Democratic congressmen, three unnamed servicemen and their families filed suit alleging that although Congress authorized a war with Iraq in an October resolution, it has not specifically declared war as required by the Constitution. The lawsuit contends Congress improperly gave Bush the authority to declare war.

Plaintiffs' attorney John Bonifaz said he would file for a rehearing of the case before the appeals court if the U.N. denies authorization and Bush indicates he will use military force against Iraq anyway.

"This case is very much alive," Bonifaz said.

A spokesman for the U.S. Department of Justice did not immediately comment on the decision.

[tubebender]

BUMP...

[lainie]

Plaintiff's attorney actually believes that if the president does not first obtain permission from the U.N., he's breaking the law?

[inquest]

His argument is that Congress' resolution was made contingent upon UN approval. I don't know if that's true or not.

[Revolting cat!]

"This case is very much alive," Bonifaz said.

He's right. They'll file a thousand appeals, and when those fail, they'll file a new suit, and so on. There are no costs involved, no penalties for such frivolities (a shyster penalizing another shyster? Perish the thought!) and they get free publicity and their mugs on the idiot box screens courtesy of the willing mediots.

[inquest]

Sorry! I meant to post that to lainie. Lainie, Post 4 was supposed to be addressed to you.

[Poohbah]

The court did not address the plaintiffs' argument that a congressional resolution authorized war with Iraq only with United Nations approval, saying the claim could not be evaluated because war has not started.

Well, let's check the actual text...

SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

1. AUTHORIZATION- The President is authorized to use the Armed Forces of the United States as he determines to be necessary and appropriate in order to--
   1. defend the national security of the United States against the continuing threat posed by Iraq ; and
   2. enforce all relevant United Nations Security Council resolutions regarding Iraq.
2. PRESIDENTIAL DETERMINATION- In connection with the exercise of the authority granted in subsection (a) to use force the President shall, prior to such exercise or as soon thereafter as may be feasible, but no later than 48 hours after exercising such authority, make available to the Speaker of the House of Representatives and the President pro tempore of the Senate his determination that--
   1. reliance by the United States on further diplomatic or other peaceful means alone either (A) will not adequately protect the national security of the United States against the continuing threat posed by Iraq or (B) is not likely to lead to enforcement of all relevant United Nations Security Council resolutions regarding Iraq ; and
   2. acting pursuant to this joint resolution is consistent with the United States and other countries continuing to take the necessary actions against international terrorist and terrorist organizations, including those nations, organizations, or persons who planned, authorized, committed or aided the terrorist attacks that occurred on September 11, 2001.

I don't see a damn thing that REQUIRES a UN resolution to be passed BEFORE going to war.

[jwalsh07]

His argument is that Congress' resolution was made contingent upon UN approval. I don't know if that's true or not.

His argument is bogus.

[nicmarlo]

Published Opinion

No. 03-1266

JOHN DOE I, JOHN DOE II, JOHN DOE III, JOHN DOE IV, JANE DOE I, SUSAN E. SCHUMANN, CHARLES RICHARDSON, NANCY LESSIN, JEFFREY MCKENZIE, JOHN CONYERS, DENNIS KUCINICH, JESSE JACKSON, JR., SHEILA JACKSON LEE, JIM MCDERMOTT, JOSÉ E. SERRANO, SALLY WRIGHT, DEBORAH REGAL, ALICE COPELAND BROWN, JERRYE BARRE, JAMES STEPHEN CLEGHORN, LAURA JOHNSON MANIS, SHIRLEY H. YOUNG, JULIAN DELGAUDIO, ROSE DELGAUDIO, DANNY K. DAVIS, MAURICE D. HINCHEY, CAROLYN KILPATRICK, PETE STARK, DIANE WATSON, LYNN C. WOOLSEY,

Plaintiffs, Appellants,

v.

GEORGE W. BUSH, President,
DONALD H. RUMSFELD, Secretary of Defense,

Defendants, Appellees.

[inquest]

Poohbah cleared that up for us.

[Poohbah]

See post #7...lays it all out.

[jwalsh07]

Sorry, didn't see that you had posted the authorization.

[lizma]

Who were the six demorats?

[Poohbah]

I think we kinda dogpiled the thread...

[edwin hubble]

"2. enforce all relevant United Nations Security Council resolutions regarding Iraq"

I think this just about covers it, for the fine print.

But we aren't going in because of the U.N., but our own security.

[Hadean]

Who were the six demorats?

Trying to find out...

[Poohbah]

I think this just about covers it, for the fine print.

Nope. There's about a dozen UN Security Council resolutions regarding Iraq that Bush can invoke enforcement of.

But we aren't going in because of the U.N., but our own security.

True enough, and that IS listed as a reason for going in clause 1.

[nicmarlo]

see my post #9....it list all the Plaintiff's names, which include, of course, the Rats (obviously, Jesse Jackass Jr is! : )

[Poohbah]

Try this from the plaintiff's list:

JOHN CONYERS, DENNIS KUCINICH, JESSE JACKSON, JR., SHEILA JACKSON LEE, JIM MCDERMOTT, JOSÉ E. SERRANO

And Sheila Jackson Lee is also suing to demand that the US bring back the flag Neil Armstrong left on Mars :o)

[Hadean]

Beat me to it. Here it is with relative states:

John Conyers of Michigan
Dennis Kucinich of Ohio
James McDermott of Washington
Jose Serrano of New York
Sheila Jackson Lee of Texas
Jesse Jackson Jr. of Illinois.