President Biden has previously registered his support for appealing the authorizations, arguing that they are outdated.
The administration has also strayed from previous administrations’ tendency to lean on the 2002 AUMF for engagements in the region, citing Article II of the Constitution for airstrikes on Iranian-backed militia fighters in Iraq and Syria in February and June.
Then-President Obama cited the authorization in 2014 as legal authority to send troops back in the theater to fight the Islamic State in Iraq and Syria (ISIS). In 2020, President Trump cited the 2002 authorization as the legal basis for carrying out the drone strike that killed Iranian Quds Force commander Qassem Soleimani while he was in Iraq.
Senate panel votes to scrap both Iraq war authorizations
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Senate panel votes to scrap both Iraq war authorizations
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Senate panel votes to scrap both Iraq war authorizations
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The Pentagon Permission Slips That Enable Forever Wars Wayne Phelps © Provided by The Daily Beast Iranian Leader Press Office /Anadolu Agency/Getty
A conference is currently underway in Vienna to explore paths forward to reignite the 2015 Iran nuclear deal. The United States is not directly participating in talks with Iran, but it does have a delegation of representatives in Vienna to influence the situation. If the U.S. and Iran can agree to resume compliance with the 2015 deal, it may ease tensions between the two countries, and they may not stumble into a war with each other.
The June 18 presidential election of Iranian hardliner Ebrahim Raisi, whom the Trump administration sanctioned for human rights abuses, will unquestionably make negotiations challenging if they extend beyond August when Raisi takes office. There is, however, another important action that the Biden administration could take to help mitigate potential future conflicts.