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Campbell V. Clinton, 203 F.3D 19 (2000) 340 U.S.App.D.C

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Campbell V. Clinton, 203 F.3D 19 (2000) 340 U.S.App.D.C Campbell v. Clinton, 203 F.3d 19 (2000) 340 U.S.App.D.C. 149 Powers Clause of Constitution by directing United States forces' continued participation KeyCite Yellow Flag - Negative Treatment in North Atlantic Treaty Organization Declined to Extend by United States House of Representatives v. (NATO) airstrikes against Federal Republic Burwell, D.D.C., September 9, 2015 of Yugoslavia after Congress voted down 203 F.3d 19 declaration of war and authorization of United States Court of Appeals, air strikes; congressmen's votes were not District of Columbia Circuit. completely nullified by President's actions. Tom CAMPBELL, Member, U.S. House U.S.C.A. Const. Art. 1, § 8, cl. 11; Art. 3, § 2, cl. 1; War Powers Resolution, § 2 et seq., 50 of Representatives, et al., Appellants, U.S.C.A. § 1541 et seq. v. William Jefferson CLINTON, President 29 Cases that cite this headnote of the United States, Appellee. No. 99-5214. | *19 **149 Appeal from the United States District Argued Oct. 22, 1999. Court for the District of Columbia (No. 99cv01072). | Decided Feb. 18, 2000. Attorneys and Law Firms Congressmen filed suit seeking declaration that Jules Lobel, Center for Constitutional Rights, argued the President violated War Powers Clause of Constitution cause for appellants. With him on the briefs were Michael and War Powers Resolution by directing United Ratner, Franklin Siegel, William Goodman and Jennifer States forces' participation in North Atlantic Treaty Green of the Center for Constitutional Rights; James Organization (NATO) airstrikes against Federal Republic Klimaski, H. Lee Halterman and Joel E. Starr. of Yugoslavia without congressional authorization. The United States District Court for the District of Columbia, William B. Schultz, Deputy Assistant Attorney General, Paul L. Friedman, J., 52 F.Supp.2d 34, granted President's U.S. Department of Justice, argued the cause for appellee. motion to dismiss, and congressmen appealed. The On the brief were David W. Ogden, Acting Assistant Court of Appeals, Silberman, Circuit Judge, held that Attorney General, Mark B. Stern and Robert M. Loeb, congressmen lacked standing to bring suit. Attorneys, and Wilma A. Lewis, U.S. Attorney. Affirmed. Before: SILBERMAN, RANDOLPH, and TATEL, Circuit Judges. Silberman and Tatel, Circuit Judges, filed separate Opinion concurring opinions. Randolph, Circuit Judge, filed separate opinion Opinion for the Court filed by Circuit Judge concurring in judgment. SILBERMAN. Separate concurring opinion filed by Circuit Judge SILBERMAN. West Headnotes (1) Separate opinion concurring in the judgment filed by Circuit Judge RANDOLPH. [1] Declaratory Judgment United States or Federal Officers Separate concurring opinion filed by Circuit Judge Congressmen lacked standing to bring TATEL. action seeking declaration that President SILBERMAN, Circuit Judge: violated War Powers Resolution and War © 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 Campbell v. Clinton, 203 F.3d 19 (2000) 340 U.S.App.D.C. 149 A number of congressmen, led by Tom Campbell of Armed Forces” within 60 days. Appellants claim that California, filed suit claiming that the President violated the President did submit a report sufficient to trigger the War Powers Resolution and the War Powers Clause the WPR on March 26, or in any event was required to of the Constitution by directing U.S. forces' participation submit a report by that date, but nonetheless failed to in the recent NATO campaign in Yugoslavia. The district end U.S. involvement in the hostilities after 60 days. The court dismissed for lack of standing. We agree with the district court granted the President's motion to dismiss, see district court and therefore affirm. Campbell v. Clinton, 52 F.Supp.2d 34 (D.D.C.1999), and this appeal followed. *20 **150 I. II. On March 24, 1999, President Clinton announced the commencement of NATO air and cruise missile attacks The government does not respond to appellants' claim on Yugoslav targets. Two days later he submitted to on the merits. Instead the government challenges the Congress a report, “consistent with the War Powers jurisdiction of the federal courts to adjudicate this claim Resolution,” detailing the circumstances necessitating the on three separate grounds: the case is moot; appellants use of armed forces, the deployment's scope and expected lack standing, as the district court concluded; and the case duration, and asserting that he had “taken these actions is nonjusticiable. Since we agree with the district court that pursuant to [his] authority ... as Commander in Chief the congressmen lack standing it is not necessary to decide and Chief Executive.” On April 28, Congress voted whether there are other jurisdictional defects. on four resolutions related to the Yugoslav conflict: It voted down a declaration of war 427 to 2 and an The question whether congressmen have standing in “authorization” of the air strikes 213 to 213, but it also federal court to challenge the lawfulness of actions of voted against requiring the President to immediately end the executive was answered, at least in large part, in the U.S. participation in the NATO operation and voted Supreme Court's recent decision in Raines v. Byrd, 521 to fund that involvement. The conflict between NATO U.S. 811, 117 S.Ct. 2312, 138 L.Ed.2d 849 (1997). Raines and Yugoslavia continued for 79 days, ending on June involved a constitutional challenge to the President's 10 with Yugoslavia's agreement to withdraw its forces authority under the short-lived Line Item Veto Act. from Kosovo and allow deployment of a NATO-led Individual congressmen claimed that under that Act a peacekeeping force. 1 Throughout this period Pentagon, President could veto (unconstitutionally) only part of State Department, and NATO spokesmen informed the a law and thereby diminish the institutional power of public on a frequent basis of developments in the fighting. Congress. Observing it had never held that congressmen have standing to assert an institutional injury as against Appellants, 31 congressmen opposed to U.S. involvement the executive, *21 **151 see id. at 821, 117 S.Ct. in the Kosovo intervention, filed suit prior to termination 2312, 2 the Court held that petitioners in the case lacked of that conflict seeking a declaratory judgment that the “legislative standing” to challenge the Act. The Court President's use of American forces against Yugoslavia noted that petitioners already possessed an adequate was unlawful under both the War Powers Clause of political remedy, since they could vote to have the Line the Constitution and the War Powers Resolution (“the Item Veto Act repealed, or to provide individual spending WPR”). See 50 U.S.C. § 1541 et seq. The WPR requires bills with a statutory exemption. See id. at 829, 117 S.Ct. the President to submit a report within 48 hours “in 2312. any case in which United States Armed Forces are introduced ... into hostilities or into situations where Thereafter in Chenoweth v. Clinton, 181 F.3d 112, 115 imminent involvement in hostilities is clearly indicated (D.C.Cir.1999), emphasizing the separation-of-powers by the circumstances,” and to “terminate any use of problems inherent in legislative standing, we held that United States Armed Forces with respect to which a congressmen had no standing to challenge the President's report was submitted (or required to be submitted), introduction of a program through executive order rather unless the Congress ... has declared war or has enacted than statute. As in Raines, appellants contended that the a specific authorization for such use of United States President's action inflicted an institutional injury upon © 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 Campbell v. Clinton, 203 F.3d 19 (2000) 340 U.S.App.D.C. 149 Congress, in this case by circumventing its legislative “effectiveness of their votes.” The Supreme Court noted authority, but, we said, that Coleman might be distinguished on grounds that the federal constitutional separation of powers concerns that It is uncontested that the Congress could terminate underlay its decision in Raines (and which we emphasized the [contested program] were a sufficient number in in Chenoweth) were not present, or that if the Court in each House so inclined. Because the parties' dispute Coleman had not taken the case a question of federal is therefore fully susceptible to political resolution, we law-the ratification vel non by the Kansas Legislature- would [under circuit precedent] dismiss the complaint to would remain as decided by the Kansas Court. But cf. avoid “meddl[ing] in the internal affairs of the legislative Coleman, 307 U.S. at 465-66, 59 S.Ct. 972 (opinion of branch.” Applying Raines, we would reach the same Frankfurter, J.). But the Court thought it unnecessary to conclusion. cabin Coleman on those grounds. See Raines, 521 U.S. at 824 n. 8, 117 S.Ct. 2312. Instead, the Court emphasized Id. at 116 (citation omitted). that the congressmen were not asserting that their votes had been “completely nullified”: There remains, however, a soft spot in the legal barrier against congressional legal challenges to executive action, They have not alleged that they voted for a specific bill, and it is a soft spot that appellants sought to penetrate. that there were sufficient votes to pass the bill, and that In 1939 the Supreme Court in Coleman v. Miller voted the bill was nonetheless deemed defeated.... 5-4 to recognize the standing of Kansas State legislators in the Supreme Court to challenge the actions of the Nor can they allege that the Act will nullify their votes in Kansas Secretary of State and the Secretary of the State the future in the same way that the votes of the Coleman Senate. See 307 U.S. 433, 59 S.Ct. 972, 83 L.Ed.
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