It's quite hopeless. This is not a justicable controversy. The determination of whether the Prez needs a declaration of war to have a war is textually committed to the legislative branch; and it's a political question. I don't say it's bad politics to bring the lawsuit, but it's a loser. jks
Steven <mailinglist at navari.com> wrote:Not sure if anyone at LBO is following this story.... if so, here's the latest -----Original Message----- From: Jeffrey McKenzie [mailto:mfso2 at yahoo.com] Sent: Tuesday, February 25, 2003 4:12 AM To: MFSO Subject: [MilitaryFamiliesSpeakOut] Fwd: Update on Lawsuit
MFSO <mfso at netspace.org> wrote: Date: Mon, 24 Feb 2003 23:22:01 -0500
At a hearing in Federal District Court today, Judge Tauro dismissed the legal challenge to the President's right to go to war without a Congressional Declaration of War. As you know, several members of MFSO are plaintiffs (along with 3 active military personnel and 12 Congresspersons). John Bonifaz, the plaintiff's attorney, said that the judge was simply wrong in his decision and filed an immediate appeal with the First Circuit Court of Appeals. The First Circuit Court of Appeals seems to be taking the case very seriously and may schedule a hearing on the Appeal in the next few days, much quicker than usual. We will post the motion for expedited appeal and the motion for appeal momentarily. In Peace and Solidarity,Nancy Lessin and Charley Richardson
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