By Week’s End, Trump’s War With Iran Will Be Plainly Illegal
War Powers Act Has 60-Day Limit
By Erwin Chemerinsky / The New York Times RSN / April 27, 2026
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.
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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.
The resolution, often called the War Powers Act, was adopted during the Vietnam War. It applies when American troops are engaged in hostilities or in situations in which hostilities are impending — such as during this war with Iran.
Despite Mr. Trump’s saying, on Thursday, “Don’t rush me” regarding the war’s timeline, the act requires that the president withdraw our military from participation in hostilities after 60 days unless Congress has declared war,

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