"...projecting a vision of presidential power in both war and peace as far-reaching as any the court has seen and posing important questions of the constitutional separation of powers...."
New York Times:
Administration Says a `Zone of Autonomy' Justifies Its Secrecy on Energy Task Force
By LINDA GREENHOUSE
Published: April 25, 2004
WASHINGTON, April 24 — The Bush administration's effort before the Supreme Court to shield the names of private citizens who helped devise its energy policy might appear on the surface unrelated to its defense, in cases also before the court, of the detention of those the administration has classified as enemy combatants.
But the legal arguments are strikingly similar, projecting a vision of presidential power in both war and peace as far-reaching as any the court has seen and posing important questions of the constitutional separation of powers.
Just as the administration is arguing in the detainee cases for the exercise of presidential authority without judicial interference in policies related to the war on terrorism, it is making sweeping claims in the energy case for the existence of a constitutionally protected "zone of autonomy" for presidential advice received in the ordinary course of proposing legislation.
In this case, which the court will hear on Tuesday, the administration is appealing a judicial order permitting limited inquiry into who outside the government provided advice to Vice President Dick Cheney's energy task force in early 2001. The organizations seeking the information maintain that the formal list of the task force's members — the vice president, six cabinet members and four other government officials — did not tell the whole story, and that energy industry officials were so closely involved with the deliberations as to have become de facto members....
http://www.nytimes.com/2004/04/25/politics/25SCOT.html