A federal appeals court is asking attorneys in a prominent war-powers case to file briefs on whether the passage of time has mooted a former Army captain’s lawsuit claiming the war against the Islamic State group is illegal.
A three-judge panel heard oral arguments in the case in October, but has waited more than six months to rule, allowing time for military operations in Syria and Iraq to wind down and for the litigant, former Army Capt. Nathan Michael Smith, to leave the military.
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