Source:
New York TimesWASHINGTON — As President Obama prepares to nominate somebody to succeed Justice John Paul Stevens, his administration appears to be on a collision course with the Supreme Court in legal disputes that will test the limits of executive power.
Those disputes — involving issues like detainee rights and secrecy — throw into sharp relief the differences in the records of several leading contenders for the nomination, including Solicitor General Elena Kagan and two appeals court judges, Merrick B. Garland and Diane P. Wood.
While any plausible Democratic nominee would probably rule the same way Justice Stevens would have in many areas of law, including abortion rights and the new health care law, executive power may be an exception.
Justice Stevens was a critical vote in a five-justice faction that rejected expansive assertions of executive authority by former President George W. Bush. If his successor is more sympathetic to the vantage point of the Obama White House, the balance could shift to a new bare majority that is far more willing to uphold broad presidential powers.
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http://www.nytimes.com/2010/05/08/us/politics/08court.html