UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No.
____________________
JOHN DOE I, ET AL .
,
P LAINTIFFS -A PPELLANTS , v.
PRESIDENT GEORGE W. BUSH,
ET AL
.
,
D
EFENDANTS
____________________
-A
PPELLEES
.
Plaintiffs’ Motion for Expedited Review
The plaintiff-appellants move that the Court establish an expedited schedule for consideration of this appeal. In support of their motion, the plaintiffs state as follows:
1. This appeal presents a question of profound and immediate national importance: whether Defendants’ plans imminently to commence a full-scale invasion of and war against
Iraq, absent any Congressional declaration of war, violate Article I, § 8, of the United States
Constitution.
2. The plaintiffs in this lawsuit include Members of the United States Congress, members of the United States armed services who have already have been sent to the Persian
Gulf or are about to be sent there to fight in a war against Iraq, and parents of such soldiers.
3. The plaintiffs filed this lawsuit on February 13, 2003, seeking, inter alia , an order
(a) declaring that the Defendants’ plans for an imminent military invasion of Iraq, absent a
Congressional declaration of war, violate Article 1, § 8, of the United States Constitution; and (b)

enjoining the Defendants from waging war against Iraq absent a Congressional declaration of war. Judge Tauro ordered the defendants to file any response no later than February 20, 2003.
4. On February 20, 2003, the defendants filed a motion to dismiss the plaintiffs’ claims and opposing the plaintiffs’ motion for preliminary injunction. The plaintiffs filed their reply brief on February 21, 2003.
5.
On February 24, 2003, Judge Tauro heard oral argument on both the plaintiffs’ motion for a preliminary injunction and the defendants’ motion to dismiss. Within hours of the close of oral argument, Judge Tauro entered a Memorandum and Order denying the plaintiffs’ motion for a preliminary injunction and dismissing the plaintiffs’ case, ruling that the Court did not have jurisdiction to provide the relief requested by the plaintiffs because their complaint failed to raise a justiciable claim.
6. Judgment of dismissal of the plaintiffs’ claims has entered.
7.
8.
The plaintiffs immediately filed their notice of appeal on February 24, 2003.
When he issued his order, Judge Tauro acknowledged the likelihood of an appeal of his order by the plaintiffs and the importance of a swift resolution of such an appeal. He specifically told the plaintiffs that they were free to file a notice of appeal “any time starting five minutes after” the entrance of the Court’s order.
9.
Exigent circumstances warrant an expedited schedule of review of the plaintiffs’ appeal. On information and belief, the defendants are preparing for an imminent military invasion of Iraq. They have ordered more than 100,000 United States troops to the Persian Gulf area in preparation for a full-scale war, and have called up and are preparing to send to the Gulf tens of thousands of military reservists as well.
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10. Defendant President George W. Bush does not intend to seek a Congressional declaration of war prior to launching a military invasion of Iraq. Defendant Bush has made numerous public statements in recent weeks that, as President, he holds the power to decide whether or not this nation will wage war on Iraq. To date, the United States Congress has not declared war against Iraq.
11. The plaintiffs will be harmed irreparably if the defendants commence a war against Iraq absent a formal Congressional declaration of war or other equivalent Congressional action. By waging war against Iraq absent a Congressional declaration of war, the defendants will deny the plaintiff-Members of Congress their right, under Article I, § 8, of the United States
Constitution, to vote on whether or not to declare war. The defendants also will endanger the lives of Plaintiffs John Doe I, John Doe II, and John Doe III, the sons of Plaintiffs John Doe IV and Jane Doe I, Susan E. Schumann, Charles Richardson and Nancy Lessin, Jeffrey McKenzie, and tens of thousands of similarly situated United States soldiers in an illegal and unconstitutional war. Further, the defendants will cause irreparable harm to the plaintiff parents of soldiers, including but not limited to the trauma of the loss of their family members.
12.
Accordingly, in an effort to expedite review of the District Court’s dismissal of this action, the plaintiffs respectfully propose that the Court of Appeals rely upon the briefs submitted to the District Court and schedule oral argument as soon as a panel of the Court of
Appeals can be assembled to hear this case. Alternatively, plaintiffs ask that the Court establish an expedited schedule for the submission of appellate briefs and oral argument. The plaintiffs are prepared to file an appellate brief and record appendix within 48 hours, if the Court of
Appeals deems it necessary for the parties to submit new briefs on the issues before the Court.
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Respectfully submitted,
JOHN DOE, I,
____________________________________
John C. Bonifaz (BBO #562478)
Cristobal Bonifaz (BBO #548405)
LAW OFFICES OF CRISTOBAL BONIFAZ
9 Revere Street
Jamaica Plain, MA 02130
(617) 524-2771 and
48 North Pleasant Street
P.O. Box 2488
Amherst, MA 01004
(413) 253-5626
Max D. Stern (BBO #479560)
Stern Shapiro Weissberg & Garin
90 Canal Street
Boston, MA 02114-2022
(617) 742-5800 et al
By their Attorneys,
.,
Prof. Margaret Burnham (BBO #066200)
Northeastern Univ. School of Law
400 Huntington Avenue
Boston, MA 02115
(617) 373-8857
February 24, 2003
CERTIFICATE OF SERVICE
I hereby certify that I caused a true copy of the above document to be served upon the attorney of record for each party by first class mail and by email on February 24, 2003.
______________________________________
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