Money quote(s):
"Ten Members of Congress, represented by George Washington University Law Professor Jonathan Turley, have filed a lawsuit against President Obama seeking a Declaratory Judgment that he has violated the War Powers Act by failing to get Congressional approval for the mission in Libya"
It'll be quite interesting to see how (and when) the court rules. Don't be surprised if this gets slow-rolled."There are few things more important than the Separation of Powers between the Executive and Legislative Branches and the question of the proper extension of the War Power. Unfortunately, this lawsuit is most likely destined to fail just as all previous attempts to resolve this issue in the Courts have failed."
As much as the judicial branch likes to order one or the other of the executive and legislative branches (not to mention the several states), ordering around both branches seems to be a bit more than they like to bite off.
"(G)iven the Court’s reluctance to get involved in disputes between the Legislative and Executive Branch over war powers in the past, it seems highly unlikely to me that the standing issue will be any less of a problem now than they were in 1999. In some sense the court in Campbell is right, if Congress believes the President has acted unconstitutionally, they have the power to cut off funding for the Libyan action, or even to impeach the President, if they have sufficient votes to support that action. if they don’t, I’m not at all certain that getting judges involved in this particular policy area makes any sense at all."
Good luck with all that.
