Yemen resolution sponsor pushing Pelosi to sue over Trump veto

Yemen resolution sponsor pushing Pelosi to sue over Trump veto
© Stefani Reynolds

Rep. Ro KhannaRohit (Ro) KhannaSchiff, Khanna call for free masks for all Americans in coronavirus aid package The Hill's Morning Report - Presented by the Air Line Pilots Association - Progress slow on coronavirus bill The Hill's Morning Report - Presented by the Air Line Pilots Association - Biden VP possible next week; Meadows says relief talks 'miles apart' MORE (D-Calif.) said Friday he is pushing House Speaker Nancy PelosiNancy PelosiNegotiators hit gas on coronavirus talks as frustration mounts Hillicon Valley: NSA warns of new security threats | Teen accused of Twitter hack pleads not guilty | Experts warn of mail-in voting misinformation Schiff, Khanna call for free masks for all Americans in coronavirus aid package MORE (D-Calif.) to go to court over President TrumpDonald John TrumpMark Kelly clinches Democratic Senate nod in Arizona Trump camp considering White House South Lawn for convention speech: reports Longtime Rep. Lacy Clay defeated in Missouri Democratic primary MORE’s veto of his Yemen war powers resolution.

“I’ve been speaking with Speaker Pelosi now to take that to the Supreme Court because under The Steel Seizure Case, it’s unsettled law whether the presidential veto is the final word or whether Congress actually has the power under our founding to adjudicate matters of war and peace,” Khanna said at the National Security Action forum.

The Steel Seizure Case is a 1952 Supreme Court ruling related to whether the president has unilateral power as commander in chief. The court ruled the president did not have the power to seize and operate steel mills during the Korean War.

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Asked about Khanna's effort, Pelosi spokesman Drew Hammill told The Hill that "we continue to consider all viable options to end this humanitarian crisis."

Khanna was the chief House sponsor of a resolution that would have required Trump to withdraw U.S. military forces in or “affecting” Yemen unless they are fighting al Qaeda. U.S. forces are helping a Saudi-led military coalition in Yemen's civil war.

The resolution gained considerable momentum after the Saudis killed U.S.-based journalist Jamal Khashoggi in a consulate in Turkey. The measure reached Trump's desk in April. The Senate voted 54-46 for the resolution in March, followed by a 247-175 House vote in April.

But in April, Trump vetoed the resolution, arguing it was “unnecessary” and “dangerous.”

"This resolution is an unnecessary, dangerous attempt to weaken my constitutional authorities, endangering the lives of American citizens and brave service members, both today and in the future," Trump said in his veto message.

A Senate vote to override the veto fell short of the 67 votes needed to do so. The House could not vote on overriding the veto since the resolution originated in the Senate.

Trump’s veto of the Yemen resolution was the second of his presidency. The first was on a resolution that would have blocked his national emergency declaration to build a border wall.

House Democrats have since sued Trump over the emergency declaration, arguing Trump violated Congress’s constitutional authority.

--Updated at 11:28 a.m.