Serrano Joins Suit in Effort to Avert Iraq War

By HEATHER HADDON

As President Bush pushes toward a possible war with Iraq, Bronx Congressman Jose Serrano, who represents North Fordham, is doing his best to put an obstacle in his path Serrano is one of five members of Congress who signed on to a lawsuit against the White House-- seeking to block an invasion of Iraq unless Congress issues a formal declaration of war. "Primarily, we honestly believe that the court needs to look at this as a constitutional issue," Serrano said in an interview with the Norwood News.

Congress passed a resolution in October authorizing Bush to use force in Iraq (a measure Serrano voted against), but did not grant a formal declaration of war-- a constitutional necessity, according to the plaintiffs. "The resolution passed in October, in unconstitutional ways, transfers certain powers to the president," Serrano said. "That's the president's interpretation. But that's unacceptable."

Serrano, like many Americans, believes that war is not justified at this time. "I don't think the president has made a case for invading Iraq," Serrano said. "Like so many other people, I am troubled by this decision. It's going to lead us into a very difficult situation. . . that we can't just get out of."

The Justice Department has tried to get the suit dismissed. 

But Serrano said he's getting positive feedback. "Some [other congressmen] have said the lawsuit is a great idea," he said. "Others wish they would have been a part of it. No one has said that I was crazy for doing this." Serrano also reports receiving a lot of media attention as a result of the lawsuit. 

But it will take more than good press to win the case. Similar lawsuits filed against previous administrations during the Gulf and Vietnam wars failed. Many specialists in constitutional law believe that the October resolution is in line with the 1973 War Powers Act, which calls for Congressional approval to deploy troops abroad.

Three Army soldiers and their parents, who have signed onto the lawsuit, say American military casualties is reason enough to challenge the president. "If my son is killed, will someone be able to tell me that there was a full and fair debate about the decision to go to war?" asked Charles Richardson of Boston, whose son is stationed in the Persian Gulf, in a Boston Globe article. The Richardsons and the two other plaintiffs are cofounders of the anti-war group, Military Families Speak Out.

At a more local level, members of the New York City Council have also chosen to speak out against the rush to war. Deputy Majority Leader Bill Perkins, a Harlem Democrat, has put forth a resolution opposing war without United Nations authorization.

The resolution, which was undergoing revisions at press time, and was to be voted on on Wednesday, was inspired by the Cities for Peace coalition, a campaign of concerned citizens and politicians sponsoring local legislation against war. To date, 113 cities and counties have passed anti-war resolutions, including several cities in New Jersey, Connecticut and upstate New York. At press time, the resolution had at least 10 Council backers and support from several city unions.

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