War Powers Resolution: Libya

Further Thoughts from Trevor Morrison Regarding OLC, and Comments from Dawn Johnsen

By Robert Chesney
Wednesday, July 6, 2011, 11:38 PM

A couple of weeks ago, as Ben noted, Trevor Morrison posted an article addressing the Libya-hostilities-OLC debate.  An expanded and updated version of that paper is now available here at Harvard Law Review Forum, and it is well worth a read.  In addition to more deeply engaging his ongoing debate with Bruce Ackerman, the updated paper also responds to an intervention in the debate from Eric Posner and Adrian Vermeule.  Meanwhile, Dawn Johnsen joins the discussion with this piece, disputing the administration position on the meaning of "hostlities" but also denying that the administration's position in this instance is analogous to prior controversies associated with OLC statutory interpretation in the early Bush Administration.