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    Judge tosses congressional lawsuit against Libya intervention, Kucinich and Jones may appeal

    The Daily Caller – Thu, Oct 20, 2011

    A lawsuit filed in June by ten congressmen against the administration’s military intervention in Libya was dismissed by a federal judge Thursday.

    The lawsuit asserted that President Obama had violated the War Powers Act by not seeking congressional approval for the military intervention within the required 60 days.

    Judge Reggie Walton ruled that the congressmen did not have standing to challenge the president’s decision to involve the American military in the conflict.

    “While there may conceivably be some political benefit in suing the President and the Secretary of Defense, in light of shrinking judicial budgets, scarce judicial resources, and a heavy caseload, the Court finds it frustrating to expend time and effort adjudicating the relitigation of settled questions of law,” Walton decreed.

    Ohio Democratic Rep. Dennis Kucinich and North Carolina Republican Rep. Walter Jones released a joint statement Thursday evening, announcing their intention to appeal the decision.

    “Judge Reggie Walton has refused to address the merits of the constitutional claim of our case,” the congressmen wrote. “This lawsuit is not just about checking executive power, but also about securing the right of Members of Congress to defend the constitutionally required balance of power in court. This case can help set an important precedent on both issues.”

    Kucinich and Jones wrote that, “We believe that we have cause for a meritorious appeal. We will consult with our colleagues who are a party to the case before making any decision for all participants.”

    The eight other congressmen joining in the lawsuit were Republican Reps. Howard Coble of North Carolina, John Duncan of Tennessee, Roscoe Bartlett of Maryland, Ron Paul of Texas, Tim Johnson of Illinois, Dan Burton of Indiana and Democratic Reps. John Conyers of Michigan and Michael Capuano of Massachusetts.

    The Obama administration filed a motion to dismiss the legal challenge in August, writing that, “In Raines v. Byrd, the Supreme Court flatly rejected the standing of members of Congress to sue in their legislative capacities.”

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    Who made the dumbest statement this week?

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    10 comments

    • LarryM
      LarryM  •  La Crosse, United States  •  7 mths ago
      What a surprise, a Judge who does not understand the Constitution on the United States.
    • trent
      trent  •  St. Louis, United States  •  7 mths ago
      Kucinich is a nut case. I can't understand how he continues to be re elected.
      • End-Corruption-in-DC
        End-Corruption-in-DC 7 mths ago
        On the point of your post I completely agree. On the judge's ruling I completely disagree.
      • SINI
        SINI 7 mths ago
        Humans are supposed to be HIGHEST in intelligence in the ANIMAL KINGDOM OF this planet. But what science cannot help is NUTS IN HUMANS and we have to live along with it. SORRY.
    • LewisSckolnick
      LewisSckolnick  •  Cambridge, United States  •  7 mths ago
      How much did this frivolous lawsuit cost us?
      • SINI
        SINI 7 mths ago
        Here goes ONE MORE HUMAN NUT dissenting your sensible comment.
      • LarryM
        LarryM 7 mths ago
        The President's abuse of Power is not Frivolous!
    • Ronnie Wright
      Ronnie Wright  •  7 mths ago
      So, what this judge is saying is that Barrack Obama can do anything he wants because nobody can question his actions. There is another way to deal with this criminal. He should be impeached and tried for high crimes.
      • Chris
        Chris 7 mths ago
        GW got congressional approval. Obama never did and he ignored the laws that said he had to with in a certain amount of time. There are your facts Jim.
      • TallDudeRetired
        TallDudeRetired 7 mths ago
        Turn off Fox News and Limbaugh...take an elementary class in civics and political science at least in adult ed then read before you opine
    • 40_M_EUG
      40_M_EUG  •  7 mths ago
      There would be more money for courts and judges if the Obama administration wasn't wasting it in illegal, undeclared wars that have nothing to do with vital U.S. interests. These congressmen are reduced to suing because most of Congress are worthless cowards who stand idly by while the Constitution is used as a door mat.
      • TallDudeRetired
        TallDudeRetired 7 mths ago
        You words are more appropriate to GWB and Ronald Reagan than anybody else...turn off Fox News and Limbaugh...take a class in civics and history before you opine
      • 40_M_EUG
        40_M_EUG 7 mths ago
        It applies to practically all modern presidents! But who is in office NOW?
    • Black
      Black  •  San Francisco, United States  •  7 mths ago
      If the courts won't do their job, then maybe Congress should hold its own court - impeach. I don't care if you're D or R, there was no authorization to declare war on Libya.
      • SINI
        SINI 7 mths ago
        Whether Ur BLACK OR WHITE U have to GROWUP to the LEVEL OF ELECTED PRESIDENT to understand the LOGIC, it is INTERNATIONAL POLITICS AND POLICY AND U AND ME lack understanding and better consult some sensible ONES amongst us to UNDERSTAND IT. U have no courage to express Ur views because Ur hiding behind some skirt like a immature KID. Comeout and write Ur comment and probably U will receive an answer from some of our commentators here who are wise enough to understand this.
    • OLDAMERICAN
      OLDAMERICAN  •  7 mths ago
      These guys were nothing more than glory hounds. BANISH THEM. americafairjust/usworkingclass
    • oakland
      oakland  •  7 mths ago
      Our swift justice system hard at work. I wonder when they'll decide whether Obamacare is unconstitutional? Probably ten or twenty years from now.
    • Black
      Black  •  San Francisco, United States  •  7 mths ago
      It's "frivolous" to enforce and support the Constitution because the federal courts don't have time? What could they possibly be doing that's more important than that?
    • SINI
      SINI  •  Naperville, United States  •  7 mths ago
      First time I saw a JURIST sensibly throwing silly assertion of few lawmakers who are so selfcentered they wants to show they are different than the rest of sensible lawmakers of both parties. Well BAD APPLES applies to POLITICIANS. If JUSIRST supports every TOM DICK AND HARRY TRYING TO PULL THE COAT TAILS OF THE COMMANDER IN CHIEF OF USA, the Government cannot function as it is supposed to be for the REST OF AMERICA.
     Post a comment
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