Ange v. Bush – Government Misconduct – CCR Docket Fall 1991

Like Paterson v. Bush, 26-year­ old college student Michael Ange objected to his deployment to drive a five-ton fuel truck in Saudi Arabia, claiming that it exceeded the oath that he and other reservists took because “we never swore to defend a petty dictatorship or Texaco Oil.”

CCR challenged the President’s deployment of Ange as transgressing  the explicit language of the Constitution and  the 1973 War Powers Resolution, which require congressional consent before committing troops to acts of war or engagement in hostilities.  Attorneys also claimed that Ange’s medical problems had not received proper review by the military.

While denying CCR’s  request  for a temporary restraining order blocking Ange ‘s deployment, the U.S. District Court for the District of Columbia set an expedited schedule for a motion to obtain a preliminary injunction.  On  December 13,

1990, the judge dismissed the lawsuit, declined to rule under the political question doctrine and also rejected claims about Ange’s medical complaints, citing the adequacy of the second round of medical exams which he

received as a result of the lawsuit.   Finally, the court concluded that it would be premature for review of the War Powers and Constitutional claims, asserting that an attack on  Iraq was still speculative.Ange served in the Gulf under protest.

Michael Ratner, Beth Stephens, Jose Luis Morin, James Klimaski and Jules Lobel