It started with a soldier's lawsuit. 28-year-old army officer Captain Nathan Smith wants Congressional approval of the fight against ISIS. Smith says he supports the fight, but his conscience bothers him and he wants President Obama to seek Congressional authorization. His legal challenge comes after the death of the third American service member in the fight. Obama has long argued that he has all the authority he needs after Congress authorizes fighting after 9-11, but critics say the President is stretching the 9-11 authorization too far. One of Smith's defense attorneys has argued the war against ISIS is illegal, and the President must withdraw after 60 days if Congress has not authorized the operation to continue. But Administration officials say Congress can't get anything done, so it's better if the President goes it alone.