Doe v. Bush

The case was dismissed, since the plaintiffs failed "to raise a sufficiently clear constitutional issue.

[1] The opinion was written by Judge Sandra Lea Lynch: An extreme case might arise, for example, if Congress gave absolute discretion to the President to start a war at his or her will...

Plaintiffs' objection to the October Resolution does not, of course, involve any such claim.

Nor does it involve a situation where the President acts without any apparent congressional authorization, or against congressional opposition... To the contrary, Congress has been deeply involved in significant debate, activity, and authorization connected to our relations with Iraq for over a decade, under three different presidents of both major political parties, and during periods when each party has controlled Congress.

Lynch concluded that the Judiciary could not intervene, because there was not a fully developed conflict between the President and Congress at that time.