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Lawmakers' ABM Treaty suit rejected

©Associated Press
December 31, 2002

WASHINGTON -- A federal judge dismissed a lawsuit by 32 lawmakers who wanted to stop President Bush's withdrawal from the 1972 Anti-Ballistic Missile Treaty.

The plaintiffs had contended the withdrawal, which took effect in June, was unconstitutional because Bush had not sought Congress' approval.

U.S. District Judge John Bates ruled Monday that the lawmakers lacked standing to bring the case and that the withdrawal was a political matter, not judicial.

The ABM Treaty was an arms control agreement between the United States and the Soviet Union. Bush said that it became outdated after the Cold War and that the United States needed to develop missile defenses to protect itself from attacks by small countries armed with missiles.

Bates said lawmakers could have tried political action to prevent Bush from withdrawing from the treaty. For example, they could have sought to deny money for anti-ballistic missile systems.

He also noted that the lawmakers were not authorized by the House to bring the lawsuit and that lawmakers were unable to pass a resolution to urge Bush to consult with Congress.

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