Key facts
- NIAC filed a lawsuit against President Donald Trump on Thursday.
- The suit alleges Trump violated the Constitution's Declare War Clause.
- The lawsuit seeks a judicial declaration that the US war on Iran is unconstitutional.
- Congress voted against the war in June, but the White House stated hostilities had terminated.
- The US has conducted bombings in Iran's southern coast this month.
- Eight Iranian Americans are listed as directly impacted by the bombings.
The National Iranian American Council (NIAC), a Washington D.C.-based civic engagement organization, filed a lawsuit on Thursday against US President Donald Trump, seeking a federal judge's declaration that the ongoing US military actions in Iran are unconstitutional. The complaint, filed in the US District Court for the District of Columbia by constitutional lawyers Alan Morrison and Bruce Fein, argues that Trump has violated the Constitution's Declare War Clause by not seeking congressional authority and by continuing hostilities without a clear end timeline.
Morrison stated that while the Supreme Court has historically been reluctant to rule on war powers, the current situation, including votes in both the House and Senate against the war, makes the court more likely to consider the case. The White House previously responded to congressional votes to rein in Trump's ability to attack Iran by stating that "there are no present hostilities from which to remove US Armed Forces," asserting that hostilities which began on February 28, 2026, had terminated with a ceasefire ordered on April 7, 2026. However, the lawsuit contends that this ceasefire has barely held, citing multi-day US bombings across Iran's southern coast earlier this month, including a strike on a wedding.
Jamal Abdi, NIAC's president, commented that Trump has exposed weaknesses in the system's guardrails and that this moment is an opportunity to set a precedent against presidents taking the country into war without authorization. The lawsuit highlights the US Constitution's Declare War Clause, which grants Congress the sole power to declare war, a power that has become largely ceremonial due to broad interpretations of the 2001 Authorization for the Use of Military Force (AUMF) and historical executive branch authority in foreign policy.
Fein emphasized that the courts are the appropriate venue to resolve constitutional questions when there is disagreement about presidential authority. The Trump administration, through Vice President JD Vance, has reportedly urged the media to avoid the term "war," preferring "occasional hostilities or skirmishes." Morrison countered that bombing another country for seven months, opposing a blockade, and causing casualties and significant spending constitutes a war.
The 16-page lawsuit, filed by NIAC Action, names eight Iranian Americans directly affected by the bombings. Kowsar Gowhari shared that she lost four family members, including an infant cousin, and expressed her responsibility to ensure their story is told and to see the war end. Nima Dilmaghani has an injured cousin whose company warehouse was bombed, resulting in a broken leg, eardrum damage, and loss of finger function. Alan Band, a US Army veteran, reported that his family in Tehran experienced building vibrations and utility interruptions. Parveen Esmaeilzadeh's in-laws are under threat, suffering from PTSD and economic hardship, with their building's foundation cracked and her nieces and nephews out of school since February 28.