WASHINGTON — An Army captain sued President Barack Obama on Wednesday, alleging that he doesn’t have the proper congressional authority to wage war against Islamic State militants in Iraq and Syria.
Capt. Nathan Michael Smith filed the suit in U.S. District Court in Washington as the president is deploying more special operations forces to the region.
Smith supports the war on military and moral grounds and considers the Islamic State an “army of butchers.” But he wants the court to tell Obama that he needs to ask Congress for a new Authorization for the Use of Military Force.
The White House did not comment on the lawsuit.
To fight the Islamic State, also known by the acronym ISIS, Obama has been relying on congressional authorizations given to President George W. Bush for the war on al-Qaida and the invasion of Iraq. Critics say the White House’s use of congressional authorizations post-Sept. 11, 2001, is a legal stretch.
The White House has claimed it has all the authority it needs to wage the war against the Islamic State, but says if an authorization tailored specifically for the extremist group passed Congress with bipartisan support, it would send a clear signal of unity to U.S. troops and those groups they are fighting.
Several lawmakers have pushed for a new authorization, and the White House sent its own version to Capitol Hill.
Smith is asking the court to find that the war against the Islamic State violates the War Powers Resolution because Congress has not declared war or given the president specific authorization to fight it.