''Doe v. Bush'', 323 F.3d 133 ( 1st Cir. 2003), was a court case challenging the constitutionality of the

2003 invasion of Iraq The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...

. The case was dismissed, since the plaintiffs failed "to raise a sufficiently clear constitutional issue."Summary of the case: John Doe I v. President Bush
Retrieved 8/7/2007. 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."Doe v. Bush Opinion by Judge Lynch 3/13/2003
Pages 3,4,10,23,25,26. Retrieved 8/7/2007. The case was dismissed on February 24, 2003 by Judge Joseph 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 The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) 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 (born July 31, 1946) is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the First Circuit. She is the first woman to serve on that court. Lynch served as chief judge of the ...

''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'', 400 U.S. 886 (1970), was a case dealing with the conscription aspect of the Vietnam War that the Supreme Court declined to hear by a 6–3 vote. The Commonwealth of Massachusetts challenged the constitutionality of t ...

'' 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.

References

{{reflist United States Court of Appeals for the First Circuit cases Iraq War legal issues 2003 in United States case law 2003 invasion of Iraq

See also

References