New Justice Could Hold the Key to Presidential Power

By CHARLIE SAVAGE
Published: May 24, 2009

WASHINGTON — As President Obama prepares to replace Justice David H. Souter on the Supreme Court, conventional wisdom says his nominee will have little chance to change the court because all the contenders appear to share Justice Souter’s approach on social issues, like abortion rights.

But the effect on presidential power could be pivotal. Important rulings on executive authority — striking down military commissions and upholding habeas corpus rights for Guantánamo detainees — have been decided by a five-vote majority, including Justice Souter, on the nine-member court.

Read on...

No comments: