Republicans have had it with Democrats’ unending forcing of war powers votes related to the war in Iran. Some want President Donald Trump’s administration to challenge the law in court.
In recent months, while covering the congressional debate, half a dozen Republicans — often unprompted — have raised the possibility of going after the underlying 1973 law in court. Trump’s given no indication this is happening, but multiple senior officials have made clear they see the statute as unconstitutional.
“I don’t think the constitutionality of that has been tested,” said Rep. Brian Mast (R-Fla.), chair of the House Foreign Affairs Committee. “I think it will probably be tested.”
Members of Congress have initiated eight lawsuits seeking to force presidents to comply with the 1973 War Powers Resolution, according to the Congressional Research Service. But the courts have so far skirted the issue by ruling that the disputes are political matters to be resolved outside the courts.
“They may challenge it right over there in the Supreme Court,” Rep. Michael McCaul (R-Texas) said. “Every president since [Vietnam] has always at least verbally challenged the constitutionality of it. And I wouldn’t be surprised if this administration did that.”
The GOP frustration comes as the Democratic strategy appears on the verge of bearing fruit.
The Senate voted for the first time to advance an Iran war powers resolution earlier in May with the support of four Republicans. More votes are expected after recess. The House abandoned a vote that appeared destined to pass amid GOP attendance woes just before lawmakers left town.
A White House official said administrations from both parties have abided by the statute without conceding its constitutionality to ensure good relationships with Congress.
“That does not mean that any such administration felt that it is bound by the [law],” the official said. “Nor does it stop the president from ordering a different course when he deems necessary to protect national security.”
White House spokesperson Anna Kelly added that Trump maintains the Operation Epic Fury — the U.S. war with Iran — has “concluded” and the administration is in “full compliance” with the war powers resolution. This comes despite continued U.S. attacks on Iran and a naval embargo of Iranian ports.
Secretary of State Marco Rubio has blasted the law as “unconstitutional, 100 percent.” Vice President JD Vance called it “fundamentally a fake and unconstitutional law.” Defense Secretary Pete Hegseth said Trump has “all the authorities” necessary to restart operations in Iran without Congress.
Another approach. Sen. Lindsey Graham (R-S.C.), who’s long derided the war powers statute as unconstitutional, urged Trump to simply ignore the War Powers Resolution. Graham said Congress could — and should — try to defund military operations if lawmakers object to them.
“I’ve got no problem with any member of Congress trying to defund a military operation they think is bad,” he said. “I’ve got a ton of problems with 535 of us trying to be commander in chief every 60 days.”
