Congressmen sue Obama over Libya: Can they succeed?
A bipartisan group of lawmakers is filing suit against the president, saying he broke the law by going to war in Libya without their permission

Ten congressmen, including Reps. Dennis Kucinich (D-Ohio), Walter Jones (R-N.C.), John Conyers (D-Mich.), and Ron Paul (R-Texas), are suing President Obama, claiming he broke the law by not getting congressional approval for the Libya war. They want a judge to order Obama to pull U.S. troops out of the conflict. The White House, responding to an earlier ultimatum from House Speaker John Boehner (R-Ohio), argues that since U.S. forces haven't been engaged in "hostilities" in Libya since April, the War Powers Act doesn't apply. Who's going to win this legal showdown?
Congress has the law on its side: Obama is blatantly violating the War Powers Act, and it's great that Congress is finally growing a spine, says Glenn Greenwald at Salon. "The very idea that the president can start and prosecute wars on his own, without democratic consent, is not only lawless but is the hallmark of an empire, and it's long past time to put an end to that abuse." And Obama's excuse, that the Libya war doesn't count, isn't just "patently false," it's downright "Orwellian."
"Rep. Brad Sherman on the illegality of the Libyan war"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Obama's hardly the first president to make this case: If Obama's interpretation of the War Powers Act sounds unpersuasive, "it at least has a strong foundation in the past practice of the executive branch," says Robert Chesney at Lawfare. Presidents from Gerald Ford to Bill Clinton have used similar arguments to get around the War Powers Act. So even if Obama's case isn't "unassailable," it also isn't unreasonable. And suing him over it is a "non-starter."
"White House clarifies position... U.S. forces not engaged in 'hostilities'"
Regardless, the courts won't touch this: Whatever the merits of the congressmen's legal argument, "it is extremely unlikely this lawsuit will go anywhere," says Jonathan Adler at The Volokh Conspiracy. In fact, I would be "simply flabbergasted" if a court sided with Kucinich and Co., or took up the case at all. Nor should they. If Congress thinks Obama is overreaching, it can call hearings, cut off funding for the war, or even impeach him. Suing him is just political theater.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
RFK Jr.'s focus on autism draws the ire of researchers
In the Spotlight Many of Kennedy's assertions have been condemned by experts and advocates
By Theara Coleman, The Week US
-
Protein obsession is oversaturating the health food space
Under the Radar Some experts say that fiber is now the most important macro to focus on
By Justin Klawans, The Week US
-
Codeword: April 23, 2025
The Week's daily codeword puzzle
By The Week Staff
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK