2002 AUMF
44 Articles
The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database
Now is the Time to Repeal the 2002 AUMF
Repealing the 2002 AUMF would take an unnecessary force authorization off the books, ensure it can’t be improperly invoked to drag the U.S. into unauthorized war, and reassert…
Will Trump Administration Claim Congress Authorized Force against Iran?–Analysis of Existing Statutory Authority and New Proposals
Could recent Trump administration comments indicate an attempt to justify war on grounds beyond Iran’s nuclear program? If so, would the administration be able to make a serious…
Corker’s Proposal Hands Trump A Dangerous, Open-Ended War Authorization
While the media is focused on the Trump administration’s strikes against Syria, there’s another effort to entrench and expand the U.S. global war posture that’s getting less…
Doe v. Mattis: Is the War on ISIS Legal?
Many members of Congress, including those who voted for the 2001 and 2002 AUMFs, feel they haven’t authorized the current fight against ISIS. Unless the executive branch prolongs…
U.S. “Confronting” Iran inside Syria: Spoiling for an Unlawful Fight?
Russian President Vladimir Putin and Iranian President Hassan Rouhani meet during the BRICS/SCO Summits – Russia 2015 on July 09, 2015 in Ufa, Russia. (Photo by Alexey Filippov/Host…
Smith v. Obama: The Political Question Doctrine Misapplied
Having joined The Constitution Project in an amicus brief in Smith v. Obama, I am disappointed the U.S. District Court for the District of Columbia decided to dismiss the case…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
The Schiff AUMF: It’s even better than that
I heartily concur in the praise that Jen and Steve, and Jack Goldsmith, have heaped upon the new draft AUMF proposed by Representative Adam Schiff. Indeed, my enthusiasm for…
Rep. Schiff’s Newly-Proposed AUMF: Praise And A Caveat
Over at Lawfare, Jack Goldsmith praises Adam Schiff’s newly-proposed Consolidated Authorization to Use Military Force. With one important caveat (see below), we share in Jack’s…
Further thoughts on the Preston ASIL speech
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Two Questions for Stephen Preston
As Marty has already written, the Department of Defense’s General Counsel Stephen Preston gave a speech tonight at the American Society of International Law “the Legal…