Judge dismisses Rutgers prof's lawsuit targeting Iraq war's validity

But in a written opinion issued today, U.S. District Court Judge Jose L. Linares ruled that unless Congress complains, a court should not interject itself into the issue.by Joe Ryan/The Star-Ledger Tuesday May 19, 2009, 1:05 PM

NEWARK — A federal judge today dismissed a Rutgers University professor’s lawsuit arguing the 2003 invasion of Iraq was unconstitutional.

Frank Askin, founder of the constitutional litigation clinic at the Rutgers School of Law in Newark, filed the suit behalf of a peace group. It claimed Bush violated Congress’s rights by dispatching troops without a formal declaration of war from the House and Senate.

But in a written opinion issued today, U.S. District Court Judge Jose L. Linares ruled that unless Congress complains, a court should not interject itself into the issue.

"In the absence of an actual dispute between the political branches, this Court cannot intervene," Linares wrote.

The suit, filed in 2008, did not call for the U.S. to withdraw troops from Iraq. Instead, it sought to ensure future presidents do not impinge on Congress’ sole authority to declare war.

It was filed on behalf of two women whose sons served in Iraq: Paula Rogovin of Teaneck and Anna Berlinrut of South Orange.

— Rutgers Law professor, N.J. peace group challenge constitutionality of Iraq invasion

NJ VOICES: Frank Askin