Armed Conflict Congress Executive Branch Foreign Relations & International Law

Captain Smith’s Challenge to the President’s War Against ISIS: The Next Step

Bruce Ackerman
Tuesday, August 23, 2016, 5:18 PM

Captain Smith’s brief opposing the Government’s Motion to Dismiss.

Published by The Lawfare Institute
in Cooperation With


Below is a copy of Captain Smith’s Brief Opposing the Government’s Motion to Dismiss. David Remes and I are much indebted to bloggers here and elsewhere for their commentaries—which have greatly helped us to sharpen our arguments.

We hope you find them convincing.



Bruce Ackerman is Sterling Professor of Law and Political Science at Yale, and the author of eighteen books that have had a broad influence in political philosophy, constitutional law, and public policy. His major works include "Social Justice in the Liberal State" and his multivolume constitutional history, "We the People."

Subscribe to Lawfare