The U.S. Justice Department asked a federal court Tuesday to dismiss a lawsuit filed by 31 members of the House of Representatives to stop the U.S. withdrawal from the 1972 Anti-Ballistic Missile Treaty (see GSN, June 12).

The United States formally withdrew from the ABM Treaty in June.  Representative Dennis Kucinich (D-Ohio), the lead plaintiff, has claimed that President George W. Bush has no authority to withdraw from the treaty without the consent of Congress.  Justice officials, however, argued that the Constitution gives the president full control over the conduct of foreign affairs and most treaty issues.

“The plaintiff’s position also does not take into account Congress’ failure in over 200 years to seek to set for itself a more definite role in treaty termination,” lawyers for the Justice Department wrote in their motion seeking dismissal.

Past legal precedents have shown that federal courts can only become involved in disputes between the president and Congress when the plaintiff can show that he or she has been personally harmed, Justice said in its motion.  An allegation that legislative power has been weakened would not qualify, since that could be rectified through the lawmaking process, the department said (Christopher Newton, Associated Press/Yahoo.com, Aug. 6).

For further information, see:

ABM Treaty Text and Associated Documents (U.S. Defense Department)

U.S. Fact Sheet on Withdrawal from ABM Treaty

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