DELLUMS v. BUSH

Civ. A. No. 90-2866 (HHG).

752 F.Supp. 1141 (1990)

Ronald V. DELLUMS, et al., Plaintiffs, v. George BUSH, Defendant.

United States District Court, District of Columbia.

December 13, 1990.


Attorney(s) appearing for the Case

Jules Lobel, Michael Ratner, Beth Stephens, Peter Weiss, Jose Luis Morin, Franklin Siegel, New York City, James Klimaski, Douglas Smith, Lynn Miller, Klimaski, Miller & Smith, Washington, D.C., for plaintiffs.

Stuart M. Gerson, Asst. Atty. Gen., Leslie H. Southwick, Deputy Asst. Atty. Gen., David J. Anderson, Vincent M. Garvey, Paul Herrup, Eric Goulian, John Tyler, Attys., Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

Bruce A. Ackerman, Abram Chayes, Lori Fisler Damrosch, John Hart Ely, Erwin N. Griswold, Gerald Gunther, Louis Henkin, Harold Hongju Koh, Philip B. Kurland, Laurence H. Tribe, William W. Van Alstyne, c/o Harold Hongju Koh, New Haven, Conn., for amicus curiae Law Professors.

Michael J. Glennon, University of California, Davis, Cal., Kate Martin, Gary M. Stern, Howard A. Pincus, American Civil Liberties Union Foundation, Washington, D.C., for amicus curiae American Civil Liberties Union Foundation.


OPINION

HAROLD H. GREENE, District Judge.

This is a lawsuit by a number of members of Congress1 who request an injunction directed to the President of the United States to prevent him from initiating an offensive attack against Iraq without first securing a declaration of war or other explicit congressional authorization for such action.

I

The factual background is, briefly, as follows. On August 2, 1990, Iraq...

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