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By Week’s End, Trump’s War Will Be Plainly Illegal
April 27, 2026

By Erwin Chemerinsky

Mr. Chemerinsky is the dean of the law school at the University of California, Berkeley.

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President Trump’s war with Iran is almost certainly illegal: Congress hasn’t declared war or authorized it by statute, and it wasn’t precipitated by an imminent attack or a national emergency. If the war continues through Friday without congressional approval, it will clearly be illegal, having passed the 60-day threshold and the 48-hour notice period that the president is given, under the War Powers Resolution of 1973, to conduct this kind of military operation.

Whether you support or oppose this war — or, as Mr. Trump has called it, this “excursion” — time will be up. And it is the obligation of the federal courts to say so.

https://www.nytimes.com/2026/04/27/opinion/trump-iran-war-powers.html