Rutgers-Newark Constitutional Litigation Clinic to Announce Filing of Lawsuit Challenging the Iraq War

BACKGROUND:  The suit to be filed on May 13 in the U.S. District Court in Newark lists New Jersey Peace Action, a non-profit, anti-war organization, and two leaders of the New Jersey Chapter of Military Families Speak Out (MFSO) as the plaintiffs. According to Professor Askin, the suit is based on the original intent of the nation’s founders in Article I, Section 8 of the U.S. Constitution to assign the war-making powers to Congress. The 20-page Complaint relies very heavily on the records of the Constitutional Convention of 1787 and asserts that Congress lacks the authority to delegate its responsibility to the President.

Six Rutgers-Newark law students have worked for most of the academic year with Professor Askin and Professor Emeritus Alfred Blumrosen in studying the issue and preparing the litigation.