Fresh Lawsuit Challenges Obama’s Authority to Wage War



Yesterday, Army officer Capt. Nathan Michael Smith sued President Obama over the war against the Islamic State, challenging the President’s claim that he already has the legal authority to wage war against ISIS. The lawsuit comes on the tails of the death of the third American service member killed in the war, as well as Obama’s announcement that we’re sending an additional 250 special forces into Syria.

While the administration has asked Congress to enact a new authorization for the war against ISIS, it has plowed ahead with the war effort in the interim, arguing that because ISIS was originally Al Qaeda’s affiliate in Iraq, the 2001 and 2002 authorizations for the Global War on Terror and the Iraq War cover the campaign. Many legal experts beg to differ however, some of whom point out that ISIS didn’t exist when Congress passed the 2001 and 2002 authorizations, and that the…

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