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Dellums v. Bush

United States District Court for the District of Columbia
752 F.Supp. 1141 (D.D.C. 1990)


Facts

Shortly after Iraq invaded Kuwait, the United States began positioning approximately 230,000 troops in the Persian Gulf area for the express purpose of providing an adequate offensive military option to oust Iraqi forces from Kuwait. Congress was never asked for and did not take action to declare war pursuant to the Declaration Clause to the United States Constitution, Art. I, § 8, cl. 11. Congressman Ronald Dellums and several other members of Congress (plaintiffs) filed suit in federal district court against President George H. W. Bush (defendant), seeking a preliminary injunction to prevent President Bush and Secretary of Defense Dick Cheney from proceeding with the offensive military operations against Iraq without obtaining a declaration of war or other explicit congressional authorization. The plaintiffs filed a motion for a preliminary injunction. The Department of Justice (DOJ), on behalf of President Bush, opposed the plaintiffs’ motion and filed a motion to dismiss the action.

Rule of Law

Issue

Holding and Reasoning (Greene, J.)

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