Yet even many Democrats who view the war as unlawful from the outset see the deadline as a pivotal moment because several Republicans have signaled that they may not support continuing military operations beyond it without a vote of Congress. “I think we’re gonna have the votes first and go that way,” says Rep. Glenn Ivey of Maryland, who added, “all cards are on the table.”
Questions Over Who Can Sue
Whether the courts would hear such a case remains a matter of debate. Federal judges have repeatedly declined to resolve clashes between Congress and presidents over military force, often ruling that such disputes present “political questions” better settled by the elected branches, or asserting that the lawmakers lacked standing to sue.
Blumenthal has experienced it personally. During Trump’s first term, he joined roughly 200 Democratic lawmakers in an Emoluments Clause lawsuit accusing the President of accepting improper financial benefits while in office. An appeals court ruled that the lawmakers lacked standing because they did not represent a majority of either chamber.
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