An active-duty member in the U.S. military is contemplating bringing a lawsuit challenging an order related to the campaign against the Islamic State in Iraq and Syria.
He, like other legal experts and lawmakers, argues that the air war against the terrorist group has been illegal since Obama administration last October blew past the 60-day deadline for an armed conflict to be authorized by Congress or ended, U.S. News & World Report reported.
The lawsuit could challenge President Obama’s controversial claim that previous war authorizations allow for the conflict.
Such a ground-breaking lawsuit could either result in an end to the U.S. military campaign, or, more likely, prompt Congress to authorize it.
Yale University law professor Bruce Ackerman floated the idea of a lawsuit to challenge the war in July and received a warm response from the group Iraq Veterans Against the War. The group’s co-director, Matt Howard, told Mr. Ackerman they would be happy to help interested troops.
“I’ve received some confidential expressions of interest, but I can’t go public on anything at this time,” Mr. Ackerman told U.S. News & World Report.
But the potential lawsuit is still a “big if, at present,” Mr. Ackerman said.
The Obama administration announced the airstrike campaign against the Islamic State militant group in Iraq on Aug. 7, 2014. The airstrikes later expanded to Syria after the group beheaded U.S. citizens.
The administration claims it has legal authority to conduct the strikes through a 2001 Authorization for Use of Military Force (AUMF) issued against the perpetrators of the Sept. 11 terrorist attacks, and a 2002 AUMF passed to oust Iraqi dictator Saddam Hussein.
• Kellan Howell can be reached at khowell@washingtontimes.com.
Please read our comment policy before commenting.