Army captain suing Obama over ISIS fight

President Obama.
(Image credit: Kevin Dietsch-Pool/Getty Images)

President Obama is being sued by an Army captain who says the president doesn't have the congressional authority to fight the Islamic State in Syria and Iraq.

On Wednesday, Army Capt. Nathan Michael Smith filed his suit in U.S. District Court in Washington. The White House is using congressional authorizations given to George W. Bush after the Sept. 11, 2001, attacks, and says it has all the authority necessary to wage a war against ISIS. Smith says he wants the court to order Obama to ask Congress for a new Authorization for the Use of Military Force, The Associated Press reports. In his suit, Smith says "this lawlessness has made it impossible" for him to "determine whether his present mission is inconsistent with his oath to 'preserve, protect, and defend the Constitution of the United States,' thus requiring him to seek an independent determination of this matter from the court."

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Catherine Garcia, The Week US

Catherine Garcia is night editor for TheWeek.com. Her writing and reporting has appeared in Entertainment Weekly and EW.com, The New York Times, The Book of Jezebel, and other publications. A Southern California native, Catherine is a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.