Senators Tim Kaine (D-Va.) and Chris Murphy (D-Conn.) have raised concerns over the Biden administration's legal justification for launching attacks on Houthi militants in Yemen. Kaine expressed skepticism during a Senate Foreign Relations committee hearing on Tuesday about the administration's reliance on Article 2 of the Constitution to defend the strikes. He emphasized that while defending U.S. interests, including military and commercial ships, may constitute self-defense under Article 2, protecting international vessels goes beyond that scope.

Since January 11, the U.S. and the U.K. have conducted over 230 strikes on Houthi targets in response to attacks on ships in the Red Sea. The administration's goal is to weaken the Houthis' ability to carry out further assaults in the region. However, the ongoing back-and-forth with the militant group has continued for months, prompting lawmakers like Murphy to question the White House's authority to prolong the conflict without seeking Congress's approval.

Under the War Powers Resolution, President Biden has a limited window of 60 days from the start of defensive actions to gain congressional authorization. As this deadline approaches in two weeks, Senators Kaine, Murphy, Todd Young (R-Ind.), and Mike Lee (R-Utah) have penned a letter to the president demanding clarification on the legal basis for the strikes, particularly regarding the defense of international ships.

Despite criticisms, Daniel Shapiro, the Defense Department's deputy assistant secretary for the Middle East, defended the administration's actions by asserting the U.S.' responsibility to protect vessels in international waters. However, lawmakers like Young have pressed for more detailed explanations from the administration regarding the legal rationale behind the ongoing military operations.

As the debate over the constitutional and congressional oversight of the conflict intensifies, the Biden administration faces mounting pressure to provide a more comprehensive explanation of its legal authority and decision-making process in the ongoing military engagements in Yemen.