Supreme Court Asked to Hear Iraq War Challenge

Thursday, Nov 4, 2010  |  Updated 2:30 PM EDT
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Supreme Court Asked to Hear Iraq War Challenge

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WASHINGTON - JUNE 25: The exterior view of the U.S. Supreme Court is seen June 25, 2008 in Washington, DC. The Supreme Court has thrown out three rulings on Wednesday, including a $2.5 billion judgment to Exxon Valdez victims, and a rejection on death penalty for child rapists. (Photo by Alex Wong/Getty Images)

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Lawyers from New Jersey's Constitutional Litigation Clinic are asking the U.S. Supreme Court to consider whether the invasion of Iraq violated the Constitution.

The Constitutional Litigation Clinic -- one of six law clinics at Rutgers Law School-Newark -- is representing an Iraq war veteran, two mothers whose sons were deployed to Iraq and the anti-war group

New Jersey Peace Action. Their lawsuit, filed in 2008, was dismissed by both the U.S. District Court in Newark and the U.S. Court of Appeals in Philadelphia on procedural grounds.

A petition was filed Thursday asking the U.S. Supreme Court to hear the case.

Lawyers claim President George W. Bush overstepped his constitutional authority by invading Iraq without formally declaring war.

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