Doe v. Bush
Encyclopedia
Doe v. Bush, 323 F.3d 133
(1st Cir. 2003), was a court case challenging the constitutionality
of the 2003 invasion of Iraq
. The case was dismissed, since the plaintiffs failed "to raise a sufficiently clear constitutional issue." The Authorization for Use of Military Force Against Iraq Resolution of 2002 was challenged by "a coalition of U.S. soldiers
, parents of U.S. soldiers, and members of Congress" prior to the invasion to stop it from happening. They claimed that an invasion of Iraq would be illegal. Judge Lynch wrote of their argument, "They base this argument on two theories. They argue that Congress and the President are in collision -- that the President is about to act in violation of the October Resolution
. They also argue that Congress and the President are in collusion -- that Congress has handed over to the President its exclusive power to declare war."
The case was dismissed on February 24, 2003 by JudgeJoseph Tauro
of the United States District Court for the District of Massachusetts
. The petitioners appealed to the United States Court of Appeals for the First Circuit
. On March 13, a three-judge panel affirmed the decision to dismiss the complaint. The opinion was written by Judge Sandra Lea Lynch
:
Lynch also cited Massachusetts v. Laird
451 F.2d 26 (1st Cir.
1971), which similarly found that the Vietnam War was constitutional. Lynch concluded that the Judiciary could not intervene, because there was not a fully developed conflict between the President and Congress at that time. On March 17, the plaintiffs filed for a rehearing. Their petition was denied the next day. Iraq was invaded on March 20.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1st Cir. 2003), was a court case challenging the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of the 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
. The case was dismissed, since the plaintiffs failed "to raise a sufficiently clear constitutional issue." The Authorization for Use of Military Force Against Iraq Resolution of 2002 was challenged by "a coalition of U.S. soldiers
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
, parents of U.S. soldiers, and members of Congress" prior to the invasion to stop it from happening. They claimed that an invasion of Iraq would be illegal. Judge Lynch wrote of their argument, "They base this argument on two theories. They argue that Congress and the President are in collision -- that the President is about to act in violation of the October Resolution
Iraq Resolution
The Iraq Resolution or the Iraq War Resolution is a joint resolution passed by the United States Congress in October 2002 as Public Law No: 107-243, authorizing military action against Iraq.-Contents:The resolution cited many factors to justify the use of military force against...
. They also argue that Congress and the President are in collusion -- that Congress has handed over to the President its exclusive power to declare war."
The case was dismissed on February 24, 2003 by JudgeJoseph Tauro
Joseph Louis Tauro
Joseph Louis Tauro is a United States federal judge. He is the son of the late Massachusetts Chief Justice G. Joseph Tauro.Born in Winchester, Massachusetts, Tauro received an A.B. from Brown University in 1953 and an LL.B. from Cornell Law School in 1956. He was a First Lieutenant in the United...
of the United States District Court for the District of Massachusetts
United States District Court for the District of Massachusetts
The United States District Court for the District of Massachusetts is the federal district court whose jurisdiction is the Commonwealth of Massachusetts, USA. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and until 1813 court session locations...
. The petitioners appealed to the United States Court of Appeals for the First Circuit
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
. On March 13, a three-judge panel affirmed the decision to dismiss the complaint. The opinion was written by Judge Sandra Lea Lynch
Sandra Lea Lynch
Sandra Lea Lynch is the chief judge of the United States Court of Appeals for the First Circuit. She is the first woman to have served on that Court, and on June 16, 2008, became its first female chief judge.-Federal Judicial Service:...
:
An extreme case might arise, for example, if Congress gave absolute discretion to the President to start a war at his or her will... Plaintiffs' objection to the October Resolution does not, of course, involve any such claim. Nor does it involve a situation where the President acts without any apparent congressional authorization, or against congressional opposition... To the contrary, Congress has been deeply involved in significant debate, activity, and authorization connected to our relations with Iraq for over a decade, under three different presidents of both major political parties, and during periods when each party has controlled Congress.
Lynch also cited Massachusetts v. Laird
Massachusetts v. Laird
Massachusetts v. Laird, 400 U.S. 886 , was a case dealing with the conscription aspect of the Vietnam War that the Supreme Court of the United States declined to hear by a 6-3 vote....
451 F.2d 26 (1st Cir.
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...
1971), which similarly found that the Vietnam War was constitutional. Lynch concluded that the Judiciary could not intervene, because there was not a fully developed conflict between the President and Congress at that time. On March 17, the plaintiffs filed for a rehearing. Their petition was denied the next day. Iraq was invaded on March 20.