-Caveat Lector-

http://www.masslive.com/newsflash/index.ssf?/cgi-free/getstory_ssf.cgi?a0536
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Supreme Court says Congress members can't sue Clinton over
Yugoslavia bombing

By LAURIE ASSEO
The Associated Press
10/2/00 10:16 AM


WASHINGTON (AP) -- The Supreme Court refused on Monday to let 31
members of Congress sue President Clinton for ordering the
military to join last year's NATO bombing of Yugoslavia.

The court, without comment, turned down the lawmakers' argument
that they had legal standing to pursue their claim that the
president violated the 1973 War Powers Act.

The Vietnam war-era War Powers Act, which has been ignored by
presidents of both parties, requires a president to get
congressional approval for the "introduction into hostilities" of
U.S. forces for more than 60 days.

The NATO air campaign began March 24, 1999, and ended June 10.
There were no American combat deaths.

During the bombing campaign, 31 members of the House of
Representatives, including four Democrats, asked a judge to
declare the air strikes unlawful and order Clinton to withdraw
U.S. forces within 60 days after the bombing began.

A federal judge ruled the lawmakers lacked legal standing to sue,
and the U.S. Circuit Court of Appeals for the District of
Columbia agreed last February.

Congress could have stopped the military action by passing
legislation to forbid the use of U.S. forces or cut off funds for
the operation, the appeals court said.

In the appeal acted on Monday, the lawmakers' attorneys noted
that a House vote in April 1999 fell short of authorizing U.S.
participation in the bombing.

The long-standing dispute over the War Powers Act "has proven
impervious to political resolution" and should be resolved by the
courts, the lawmakers' attorneys said.

Justice Department lawyers cited the Constitution's separation of
powers between Congress and the president. Allowing the lawmakers
to sue would give members of Congress "unfettered access to the
courts" to challenge any presidential action they considered
unlawful, government lawyers said.

The case is Campbell v. Clinton, 99-1843.


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