Lowry and Others v. Reagan

Abstract

Relationship of international law and municipal law — Act of State and justiciability United States political question doctrine — War Powers Resolution — Duty of President to report to Congress when United States forces become involved in hostilities or situations in which hostilities are imminent — Iran-Iraq war — Deployment of United States naval units to escort tankers in Persian Gulf — Whether War Powers Resolution applicable — Whether court should determine whether United States forces engaged or about to become engaged in hostilities

War and armed conflict — Naval warfare — Neutrality — Iran-Iraq war — United States declaration of neutrality — Re-registration of Kuwaiti tankers under United States flag — United States naval forces engaged in escort duties — Attack by United States forces on Iranian minelayer — Whether sufficient to bring War Powers Resolution into operation — Whether judicial determination that United States engaged, or about to become engaged, in hostilities likely to prejudice United States neutrality — The law of the United States