In February and March 2003, Mr. Bonifaz served as lead counsel for a coalition of US soldiers, parents of US soldiers, and members of Congress in "John Doe I v. President Bush", a constitutional challenge to President Bush's authority to wage war against Iraq absent a congressional declaration of war or equivalent action. He argued that the President's planned first-strike invasion of Iraq violated the War Powers Clause of the US Constitution. The lawsuit was initially dismissed in February 2003 and in March 2003 the dismissal was upheld on appeal. Regarding the initial dismissal, Attorney Bonifaz said "They're not supposed to sideline ... Courts cannot shirk from responsibility when it looks like a political battle." Regarding the affirmation of the dismissal, the appeals court held "... the text of the October Resolution itself spells out justifications for a war and frames itself as an 'authorization' of such a war."