[Peace-discuss] MEDIA ADVISORY - Federal Court Rules Doe v. Bush Not "Ripe" As UN Decision Pending - Leaves Door Open for Court to Stop War

[Charles Jenks]

CONTACTS:    
Carol Klenfner (646) 495-4978
    carol at andymorrisandcompany.com
Andy Morris (646) 495-4958
    andy at andymorrisandcompany.com
John Bonifaz (Lawyer), (617) 524-2675 or (617) 529-4611 (cell)
Charles Richardson and Nancy Lessin (Parent Plaintiffs), (617) 522-9323,
(617) 320-5301 (cell), (508) 277-9466 (cell)

DATE:    March 13, 2003
FOR RELEASE:    Immediate

FEDERAL COURT SAYS SOLDIERS SUING BUSH CASE NOT READY FOR REVIEW:

ULTIMATE DECISION -- WHETHER PRESIDENT CAN WAGE WAR UNILATERALLY -- RESTS
WITH COURTS 
    
Plaintiffs Pledge to Return to Court Within Days
    
-- U.N. Vote Hangs in the Balance --

Statement from Plaintiff Attorney John Bonifaz Regarding Doe v. Bush Ruling:
"It is clear from this ruling that this case remains very much alive.  The
federal appeals court rejected the lower court¹s dismissal on political
question grounds.  Instead, it granted dismissal solely on ripeness grounds,
saying: ³[T]his issue is not fit now for judicial review.²

The Court adds that, ³[t]o evaluate this claim nowŠ[w]e would need to assume
that the Security Council will not authorize war, and that the President
will proceed nonetheless.²  The Court further says that ³many crucial facts
are missing² for it to review the merits of the plaintiffs¹ claims.

See the First Circuit Court of Appeals decision at
http://traprockpeace.org/rel31303a.pdf

In light of this important ruling, we will file a petition for rehearing
before this appellate court panel as soon as these facts are more defined.
Specifically, if the Security Council does not authorize war and the
President demonstrates he will proceed nonetheless, we will return to this
Court and seek a review of its ruling based on these new facts.

This case is far from over.  At this extraordinary moment in United States
history, this Court has a duty to act.  If the President moves us closer to
war without UN authorization, this case will be ripe for the Court¹s review
and will demand judicial intervention to prevent an illegal and
unconstitutional war.


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Resources on this case available at Military Families Speak Out
http://mfso.org 
Resources against war on Iraq available at Traprock Peace Center
http://traprockpeace.org


Charles Jenks
President, 
Traprock Peace Center - http://traprockpeace.org
charles at mtdata.com