From The New York Times:
The plaintiff, Capt. Nathan Michael Smith, an intelligence officer stationed in Kuwait, voiced strong support for fighting the Islamic State but, citing his “conscience” and his vow to uphold the Constitution, he said he believed that the conflict lacked proper authorization from Congress.
“To honor my oath, I am asking the court to tell the president that he must get proper authority from Congress, under the War Powers Resolution, to wage the war against ISIS in Iraq and Syria,” he wrote.
The legal challenge comes after the death of the third American service member fighting the Islamic State and as Mr. Obama has decided tosignificantly expand the number of Special Operations ground troops he has deployed to Syria aid rebels there.