Not-so-stupid question about ending the war

[Marty Lederman]

Re: Here's a Stupid Question!Of course it would be justiciable.  Simply find as a plaintiff a member of the Armed Forces who is asked to serve in Iraq after August 28, 2008, but who wishes to decline to do so because, inter alia, it would be unlawful.  Perhaps the injunction could only run in favor of a class of persons in the armed forces who do not wish to be deployed to Iraq (i.e., perhaps the injunction could not extend to persons who are willing to serve notwithstanding the statutory restriction); still, a judicial declaration, upheld by the Supreme Court, that it's unlawful for Bush to deploy troops to Iraq and that those troops who do not wish to go may not be penalized for declining, would in effect bring the war to an end.  Or bring the constitutional crisis to a head, anyway.
  ----- Original Message ----- 
  From: jfnbl at earthlink.com 
  To: CONLAWPROF at lists.ucla.edu 
  Sent: Sunday, April 01, 2007 1:45 PM
  Subject: Re: Here's a Stupid Question!


  At 11:35 AM -0500 1/4/07, Marty Lederman wrote:
    Of course, at the point in August 2008 when Bush fails to comply, Congress and the courts could step in to try to force compliance.



  Emphasis added. Is it even arguably justiciable/remediable? Is there any meaningful recourse other than impeachment?


  John Noble


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