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DOE v. BUSH

No. CIV.A. 03-10284-JLT.

240 F.Supp.2d 95 (2002)

John DOE I, et al., Plaintiffs, v. President George W. BUSH and Secretary of Defense Donald H. Rumsfeld, Defendants.

United States District Court, D. Massachusetts.

February 23, 2002.

Attorney(s) appearing for the Case

Margaret A. Burnham, Burnham, Hines & Dilday, Boston, MA, Max D. Stern, Stern, Shapiro, Weissberg & Garin, Boston, MA, John Bonifaz, National Voting Rights Institute, Boston, MA, for John Chris Doe, Jane Doe, Charles Richardson, Nancy Lessin, Jeffrey McKenzie, John Conyers, Dennis Kucinich, Jesse Jackson, Jr., Sheila Jackson Lee, Jim McDermott, Jose E. Serrano, Plaintiffs.

George B. Henderson, Michael J. Sullivan, United States Attorney's Office, Boston, MA, for George W. Bush, President, Donald H. Rumsfeld, Secretary of Defense, Defendants.

MEMORANDUM

TAURO, District Judge.

The plaintiffs seek to enjoin the President from launching a military invasion of Iraq, asserting that Congress has neither declared war nor taken any action that would give the President the power to wage such a war. The defendants oppose such an injunction for several reasons, including that plaintiffs' complaint does not set forth a justiciable issue and, therefore...

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