Salt of the Earth: Members of Congress sue Bush

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July 2002

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Members of Congress sue Bush over ABM treaty
On Thursday, June 13, the U.S. effectively withdrew from the 30-year old Anti-Ballistic Missile Treaty it signed with the former Soviet Union. But 31 lawmakers in the House of Representatives have filed suit against President George Bush, Secretary of Defense Donald Rumsfeld, and Secretary of State Colin Powell, charging that the administration did not have the right to withdraw without Congress' consent.

Representative Dennis Kucinich of Ohio is the lead plaintiff in the lawsuit filed in U.S. district courts in Washington, D.C. Twenty-nine other House democrats and one independent join him in the suit. According to Reuters, the lawsuit seeks to block withdrawal from the treaty and requests a ruling on the constitutionality of the president's withdrawal without congressional approval. Although the treaty has already effectively been dismantled by the U.S.'s failure to renew it, lawyers for the plaintiffs say that the treaty could be retroactively reinstated if the court rules in their favor.

At a press conference Kucinich said, "We will not stand idly by while the rule of many is cast out by the hubris of one." Senator Russ Feingold of Wisconsin was also present at the news conference and said he shares the concerns of the 31 House members. Feingold introduced a resolution in the Senate to declare the president could not withdraw from the treaty, but the measure was defeated. He said at the press conference, "I am troubled that the Congress appears willing to cede its constitutional responsibility on this matter to the executive branch."

Now that the U.S. is not bound by the treaty, it broke ground for construction of a new missile interceptor system at Fort Greeley, Alaska on June 15, according to the Associated Press.

According to a spokesman for Representative Kucinich, the Bush administration has 45 days to file a motion in response to the suit. He said he suspects it will file a motion to dismiss. Until then, he says, "One can only wait and see."—Tara Dix

For more information:
Federation of American Scientists on ABM
Catholic Bishops' statement

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