Two Men Sue Trump and Hegseth in Kentucky Federal Court, Claiming the Iran War Violates the War Powers Resolution
Two men have filed a federal lawsuit in Lexington, Kentucky, asking a judge to declare that President Donald Trump's military campaign against Iran violates the Constitution and the War Powers Resolution, and to order Defense Secretary Pete Hegseth to halt it.
Michael Hart, 77, of Lexington, and Harrison F. Coerver Jr., 76, of Florida, filed the complaint Sunday, Nov. 1, in the U.S. District Court for the Eastern District of Kentucky. The case, Hart v. Trump (No. 5:26-cv-00437), is assigned to U.S. District Judge S. Chad Meredith. The plaintiffs filed an emergency motion for a preliminary injunction the same day.
What the Lawsuit Claims
The complaint alleges that Trump ordered "offensive air strikes and combat operations against Iran on February 28, 2026, without congressional consultation," and that a March 2 letter reporting the strikes to Congress "failed to identify any declaration of war or statutory authorization enacted by Congress."
Video: The White House / X, President Trump's update on Operation Epic Fury (March 2, 2026)
Under 50 U.S.C. 1544(b), a president must end the use of U.S. forces in hostilities within 60 days of reporting them unless Congress declares war, authorizes the action or extends the deadline. The lawsuit claims that window closed on April 29 and that "Defendants' continued prosecution of hostilities against Iran for more than 60 days without congressional authorization violates" the statute.
The plaintiffs also point to H.Con.Res. 86, a concurrent resolution directing the president to remove U.S. forces from hostilities with Iran. They claim the administration has refused to comply, "dismissing Congressional disapproval as nonbinding," and has continued operations "through July, August, September, and October 2026."
The suit asks the court to declare the campaign unlawful and to bar Hegseth and "all persons acting in concert with him" from "deploying armed forces or expending public funds on unauthorized hostilities against Iran." The injunction targets Hegseth rather than Trump, citing Supreme Court precedent limiting coercive orders against a president.
What Congress Did on War Powers
The House adopted H.Con.Res. 86 on June 3 by a 215-208 vote, and the Senate agreed to it on June 23 by a 50-48 vote, according to congress.gov. Sens. Rand Paul, R-Ky., Susan Collins, R-Maine, Lisa Murkowski, R-Alaska, and Bill Cassidy, R-La., voted with Democrats, Fox News reported.
Fox News reported at the time that the measure "does not carry any legally binding weight and won't go to the president's desk." The Congressional Research Service notes that a Supreme Court decision "called into question whether Section 5(c) of the WPR constituted an unconstitutional legislative veto," after which Congress created a fast-track for joint resolutions instead.
The administration has argued the 60-day clock did not run without a break. "We are in a ceasefire right now, which our understanding means the 60-day clock pauses, or stops," Hegseth told the Senate Armed Services Committee in late April, Fox Carolina reported. In a May 1 letter, Trump told Congress, "The hostilities that began on February 28, 2026, have terminated," the New York Post reported.
In a letter dated July 10, Trump notified Congress that hostilities had resumed July 7, saying Iran violated a June 17 memorandum of understanding by attacking commercial vessels in the Strait of Hormuz, LiveNOW from Fox reported. That is his claim and has not been independently verified. The outlet reported the letter started a new 60-day period. The complaint mentions the April 7 ceasefire but does not address either letter.
Standing and What Comes Next
To proceed, the plaintiffs must show standing. They claim injuries including "loss of civic trust," grief over reported civilian deaths and U.S. military casualties, and "moral disgrace" over "$42+ billion in public funds diverted to unauthorized warfare." Their brief argues that dismissing those harms as a "generalized grievance" would "create an unconstitutional judicial black hole."
The brief acknowledges hurdles. It cites Campbell v. Clinton, a 2000 D.C. Circuit decision on legislator standing in a war powers case, and seeks to distinguish two rulings it calls "adverse precedents," arguing the case presents "a pure legal question" rather than a political one.
As of Monday, Nov. 2, the docket showed summonses issued to Trump and Hegseth and returned to plaintiffs' counsel, Lexington attorney Richard Frank Dawahare, for service. The defendants had not filed a response, and the court had not ruled on the motion or set a hearing.
Sources: Hart v. Trump, No. 5:26-cv-00437 (E.D. Ky.), docket: https://www.courtlistener.com/docket/75056121/hart-v-trump/ ; Complaint (Doc. 1): https://storage.courtlistener.com/recap/gov.uscourts.kyed.114368/gov.uscourts.kyed.114368.1.0.pdf ; Memorandum in support of emergency motion for preliminary injunction (Doc. 2-1): https://storage.courtlistener.com/recap/gov.uscourts.kyed.114368/gov.uscourts.kyed.114368.2.1.pdf ; H.Con.Res. 86, congress.gov: https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/86 ; Congressional Research Service, "The War Powers Resolution" (IF13134): https://www.congress.gov/crs-product/IF13134 ; Fox News (June 23, 2026): https://www.foxnews.com/politics/republicans-break-trump-rebuke-iran-war-wont-change-policy ; New York Post (May 1, 2026): https://nypost.com/2026/05/01/us-news/iran-hands-over-latest-proposal-to-end-war-with-us/ ; Fox Carolina (May 1, 2026): https://www.foxcarolina.com/2026/05/01/war-iran-hits-60-days-war-powers-resolution-questioned/ ; LiveNOW from Fox: https://www.livenowfox.com/news/trump-notifies-congress-iran-war-has-resumed ; Video: The White House on X (March 2, 2026): https://x.com/WhiteHouse/status/2028517837770215436 ; Cover photo: U.S. Navy (public domain), F/A-18F Super Hornet launching from USS Abraham Lincoln, March 1, 2026.
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