The National Iranian American Council (NIAC) Action, an advocacy group for Iranian-Americans, sued President Donald Trump on Thursday, arguing his administration’s military campaign against Iran is unconstitutional absent approval by Congress.
The lawsuit, filed in federal court in Washington, asks a judge to declare that Trump’s ongoing military operations against Iran, including a naval blockade and months of airstrikes, are unconstitutional under Article I of the U.S. Constitution, which delegates war powers exclusively to Congress. The organization did not initially seek an injunction to halt military operations, instead requesting declaratory relief that the war itself is unlawful.
“There has been no declaration of war by Congress or its legislative equivalent,” attorneys for the group wrote in the complaint, arguing Trump unilaterally took the country “from a state of peace to a state of war” without legislative authorization.
The question the courts will have to answer is very simple: Is this a war? NIAC President Jamal Abdi said in remarks in Washington on Thursday. Because if it is, it is unauthorized, it is illegal, and they must declare it as such.
NAIC officials said the suit was brought on behalf of members whose relatives remain in Iran and are alleged to have suffered injuries, property damage and other harms resulting from the war. The complaint recounts multiple examples of Iranian family members injured in bombings, displaced from their homes or facing disruptions to electricity, water supplies and medical care during the conflict.
Trump has maintained that military operations against Iran, which began on Feb. 28, fall within his authority as Commander-in-Chief. The administration has repeatedly notified Congress of military operations, at times suggesting hostilities were paused and later restarted, but has never sought a formal declaration of war.
The suit comes as the Senate on Thursday afternoon rejected a War Powers Resolution intended to force the administration to end U.S. military involvement in the conflict 4950. Thursdays vote marked the 14th such resolution considered by the Senate two of which were previously approved.
The U.S. House of Representatives has voted on similar resolutions to end the war six times, three of which have been approved. Such resolutions carry little legal weight, however, instead serving as a symbolic message of lawmakers disapproval.
The new legal challenge is likely to face significant hurdles, meanwhile.
Federal courts have historically been reluctant to intervene in disputes between Congress and the president over war powers, often concluding such cases present political questions better resolved by the elected branches. Plaintiffs in similar cases have also struggled to establish standing, a legal requirement needed to demonstrate a concrete injury directly traceable to government action.
NIAC Action seeks to overcome that obstacle by relying on injuries said to be suffered by its members’ relatives in Iran.
These victims include four of my own relatives, including a 70-year-old cousin, Miss Mahafashurbach, and a two-month-old baby Ryan Kasemian, Kowsar Gowhari, an Iranian-American citizen whose testimony is included in the lawsuit, said Thursday.
I see it as an absolute responsibility not to allow the story of their loss to remain untold, Gowhari added. America is my country, the country in which I’m living. I cannot remain indifferent to my responsibilities as a citizen of this country, which views itself as a beacon of freedom, democracy and human values. I feel it’s imperative to see this war end here and now.
Still, courts have frequently dismissed war powers lawsuits before reaching the merits. Previous cases challenging U.S. military operations in conflicts including Kosovo, Libya and other overseas interventions often faltered on standing or justiciability grounds.
The White House did not immediately respond to Scripps News inquiries about the lawsuit or its legal justification for the war.