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I'd say that if Congress does succeed in repealing the 1991 and 2002 AOMFs,

the Iraq AOMFs, I think that makes 2001 AOMF reform less likely.

And I think that's simply just because it takes some of the wind out of the sales

of broader war powers reform.

I think Congress will repeal those. It'll congratulate itself on taking this action on kind of low-hanging fruit,

and then it's going to move on to other things.

And I think recent events in Afghanistan make it even less likely that we're going to get 2001 AOMF reform.

I'm Scott Aranterson, and this is the LawFair podcast for August 30, 2021.

Since January, talk about reforming the nearly 20-year-old 2001 authorization for use of military force or AOMF

that provides the legal basis for most overseas US counterterrorism activities has once again been on the rise.

While past efforts had generally failed to yield results, the combination of growing bipartisan disenchantment

with the status quo and a seemingly supportive Biden administration had led some to believe that this is the moment

that reform might finally happen. But now, the collapse in Afghanistan has some wondering whether the Biden administration

will still have an appetite for the type of risk that AOMF reform is likely to entail, especially given that President Biden appears to have

doubled down on global counterterrorism efforts in recent public remarks.

For today's podcast, I sat down with two leading experts and more powers, Professor Ona Hathaway of Yale Law School

...