Summary
holding that legislators lacked standing to challenge presidential actions they alleged violated the War Powers Resolution
Summary of this case from Maloney v. Carnahanholding that legislators lacked standing to challenge presidential actions they alleged violated the War Powers Resolution
Summary of this case from Maloney v. Carnahanholding that legislators lacked standing to challenge presidential actions they alleged violated the War Powers Resolution
Summary of this case from Maloney v. Carnahanholding that thirty-one congressmen did not have standing based on a vote nullification theory to challenge the President's use of force in Yugoslavia without seeking congressional approval
Summary of this case from Common Cause v. Bidenfinding that no "judicially discoverable and manageable standards" exist for application of the Constitution's war powers clause or the War Powers Resolution, 50 U.S.C. § 1541 et seq.
Summary of this case from U.S. ex Rel. New v. Rumsfeldconcluding that, because the plaintiffs' claims under the War Powers Clause and the War Powers Resolution "implicat[ed] the political question doctrine," their claims were "not justiciable" in that case, and were, moreover, "generally unsuited to judicial resolution"
Summary of this case from Endeley v. U.S. Dep't of Def.In Campbell, the legislators also advanced a vote nullification argument premised on the Supreme Court's holding in Coleman. Campbell, 203 F.3d at 22.
Summary of this case from Maloney v. MurphyIn Campbell, thirty-one individual Members of Congress "filed suit claiming that the President violated the War Powers Resolution and the War Powers Clause of the Constitution by directing U.S. forces’ participation" in a NATO campaign in Yugoslavia.
Summary of this case from U.S. House of Representatives v. Mnuchinwarning against "conflat[ing] standing with the merits"
Summary of this case from Estate of Boyland v. U.S. Dep't of Agric.questioning the existence of “a coherent test for judges to apply to the question what constitutes war”
Summary of this case from Wu Tien Li-Shou v. United StatesIn Campbell v. Clinton, 203 F.3d 19 (D.C.Cir.2000), the court held that a number of congressmen lacked standing to challenge U.S. participation in the NATO campaign in Yugoslavia.
Summary of this case from Kerr v. Hickenlooperarguing that challenge to air campaign in Yugoslavia would not pose a political question
Summary of this case from Doe v. Busharguing that courts lack manageable standards to adjudicate such cases
Summary of this case from Doe v. Bushwarning against "conflat[ing] standing with the merits"
Summary of this case from Young v. U.S. Dep't of Labornoting that "there always remains the possibility of impeachment should a President act in disregard of Congress' authority"
Summary of this case from Blumenthal v. Trumpnoting that where "Congress has a broad range of legislative authority it can use to stop a President's" action, Congress cannot mount a challenge to that action pursuant to Raines
Summary of this case from Blumenthal v. Trumpcharacterizing Coleman as "a very narrow possible . . . exception to Raines"
Summary of this case from Cummings v. Murpycharacterizing Coleman as "a very narrow possible ... exception to Raines "
Summary of this case from Cummings v. Murphyemphasizing Raines ' general focus on "the political self-help available to congressmen" and noting that Raines explicitly rejected argument that "legislators should not be required to turn to politics instead of the courts for their remedy"
Summary of this case from Cummings v. Murphyemphasizing Raines' general focus on "the political self-help available to congressmen" and noting that Raines explicitly rejected argument that "legislators should not be required to turn to politics instead of the courts for their remedy"
Summary of this case from Cummings v. Murpystating Congressional plaintiffs do not "have standing anytime a President allegedly acts in excess of statutory authority"
Summary of this case from Crawford v. U.S. Dep't of the TreasuryIn Campbell, the Circuit highlighted three potential legislative remedies to stop the prosecution of U.S. military action in Yugoslavia as ordered by President Clinton: (1) passing a law to forbid the use of U.S. forces in the Yugoslav campaign, (2) utilizing the Congressional appropriations authority, and (3) impeachment.
Summary of this case from Kucinich v. Obamarelying on Raines to reject the “constitutional argument that the President ha[d] acted illegally—in excess of his authority—because he waged war in the constitutional sense without a congressional delegation”
Summary of this case from Kucinich v. Obamanoting that "[w]hile we may be required to decide jurisdictional issues before disposing of a case on the merits, we are not required to decide jurisdictional questions in any particular order"
Summary of this case from West v. U.S.noting that "[w]hile we may be required to decide jurisdictional issues before disposing of a case on the merits, we are not required to decide jurisdictional questions in any particular order"
Summary of this case from Outlaw v. Hawk-Sawyernoting that "[w]hile we may be required to decide jurisdictional issues before disposing of a case on the merits, we are not required to decide jurisdictional questions in any particular order"
Summary of this case from Simpson v. Ashcroftrelying upon Raines and determining members of Congress did not have standing to challenge the President's alleged violation of the War Powers Resolution and the War Powers Clause of United States Constitution as Congress had legislative authority to stop the executive's use of military force in Yugoslav campaign
Summary of this case from Markham v. President Pro Tempore Senator Joseph B. Scarnati ex rel. Pa. Senate Majority CaucusFull title:Tom Campbell, Member, U.S. House of Representatives, et al., Appellants v…
Court:United States Court of Appeals, District of Columbia Circuit
Date published: Feb 18, 2000
In the second post- Raines case considered, Campbell v. Clinton , thirty-one Members of Congress sued…
Kucinich v. ObamaJudge Bates was, of course, referring to a line of cases that have all but foreclosed the idea that a member…