First, the UN Security Council must either vote against authorizing war against Iraq or the request for such endorsement is withdrawn by the United States, Britain, and Spain. Second, the president would have to indicate that the United States would go forward without UN approval. The attorneys, Bonifaz said, believe that this second condition already has been met, because the president has indicated publicly several times that he does not believe UN approval is necessary.
The plaintiffs lawyers will be bringing their case to court in next few days. This may be the last legal challenge to avert another devastating war against Iraq.
“He does not have the constitutional authority to launch a unilateral invasion of Iraq. Congress only authorized it only on the condition that the United Nations would approve.”
Lawsuit Against Iraq War Refiled In Boston](http://www.thebostonchannel.com/news/2045017/detail.html) :k:
Group Challenges President’s Authority To Attack Iraq Boston Channel News 17 Mar 03
BOSTON – A lawsuit challenging President George W. Bush’s authority to launch a war against Iraq was refiled in court Monday as Bush gave Iraqi President Saddam Hussein an ultimatum to leave his country or face a U.S.-led war. Last week, the 1st U.S. Circuit Court of Appeals upheld a lower court’s decision to dismiss the lawsuit, which claims Bush needs a formal declaration of war from Congress before launching a war against Iraq.
The lawsuit was filed last month by six Democratic congressmen, three unnamed servicemen and parents of servicemen who claimed that even though Congress authorized the use of force with Iraq in an October resolution, it has not specifically declared war as required by the Constitution. In its ruling last week, the appeals court said it had no business intervening without clear conflict between the legislative and executive branches. The court did not address the plaintiffs’ argument that the congressional resolution authorized war with Iraq only with United Nations approval, saying the claim could not be evaluated because war has not started.
John Bonifaz, lead attorney for the plaintiffs, said the time is now ripe for the court to consider the lawsuit. “The Security Council has clearly not authorized this war and yet the president has indicated he is proceeding to launch an invasion nonetheless,” Bonifaz said Monday. “He does not have the constitutional authority to launch a unilateral invasion of Iraq. Congress only authorized it only on the condition that the United Nations would approve.” No hearing date was immediately set by the court.