The War Powers Resolution requires the President to submit a report within 48 hours "in any case in which United States Armed Forces are introduced … into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances," and to "terminate any use of United States Armed Forces with respect to which a report was submitted (or required to be submitted), unless the Congress … has declared war or has enacted a specific authorization for such use of United States Armed Forces" within 60 days.

On March 26, 1999, two days after President Clinton announced the commencement of NATO air and cruise missile attacks on Yugoslav targets, he submitted to Congress a report, "consistent with the War Powers Resolution," detailing the circumstances necessitating the use of armed forces, the deployment's scope and expected duration, and asserting that he had "taken these actions pursuant to [his] authority … as Commander in Chief and Chief Executive."

Throughout this period Pentagon, State Department, and NATO spokesmen informed the public on a frequent basis of developments in the fighting.

The lawsuit was filed before the end of hostilities by 31 members of Congress opposed to U.S. involvement in the Kosovo intervention, led by Tom Campbell of California.

Appellants claim that the President did submit a report sufficient to trigger the WPR on March 26, or in any event was required to submit a report by that date, but nonetheless failed to end U.S. involvement in the hostilities after 60 days.