Snappy newsletters. Simple Facebook sharing. Spirited comments. Sweet features are waiting… GET THEM NOW!

Top Court Candidates Differ Widely on Exec Power

New justice will be key to defining prez limits

By Jason Farago,  Newser Staff

Posted May 25, 2009 4:53 AM CDT

(Newser) – Most Supreme Court watchers say that Barack Obama's choice to succeed David Souter will change little, since the retiring justice was a reliable member of the court's liberal bloc. But on critical questions of presidential power, which Souter regularly sought to check, the new justice's vote could be crucial. Obama's top court candidates have widely differing views about the role of the executive, reports the New York Times.

Chicago appeals judge Diane Wood has written that "in a democracy, those responsible for national security must do more than say, 'Trust us, we know best.'" Elena Kagan, by contrast, has defended strong presidential powers. In her solicitor general confirmation hearing, she said the president can detain a suspect linked to al-Qaeda indefinitely without trial. The issue will be critical for Obama—who has not only preserved many Bush-era expansions of executive power, but has also taken unilateral action on the economy.

Elena Kagan, the solicitor general, has taken a relatively expansive view of presidential powers.
Elena Kagan, the solicitor general, has taken a relatively expansive view of presidential powers.   (AP Photo/Harvard University, Kathleen Dooher)
Judge Diane Wood, of the 7th US Circuit Court of Appeals, has been critical of the expanding powers of the executive branch.
Judge Diane Wood, of the 7th US Circuit Court of Appeals, has been critical of the expanding powers of the executive branch.   (AP Photo/University of Chicago, Lloyd DeGrane, File)
Barack Obama, in a unexpected visit to the White House press room early this month, tells reporters that he just got off the phone with Supreme Court Justice David Souter.
Barack Obama, in a unexpected visit to the White House press room early this month, tells reporters that he just got off the phone with Supreme Court Justice David Souter.   (AP Photo/Ron Edmonds)
FILE - In this Dec. 5, 2003 file photo, U.S. Supreme Court Associate Justice David Souter poses during a group portrait session with the members of the U.S. Supreme Court, at the Supreme Court Building  in Washington.
FILE - In this Dec. 5, 2003 file photo, U.S. Supreme Court Associate Justice David Souter poses during a group portrait session with the members of the U.S. Supreme Court, at the Supreme Court Building...   (AP Photo/J. Scott Applewhite, File)
« Prev« Prev | Next »Next » Slideshow
To report an error on this story, notify our editors.
A snapshot of the day's best news stories.
 
COMMENTS
Be the first to comment on this story.

More Newser Stories

Supreme Court Turns Down First ObamaCare Challenge

Obama Names Kagan to Supreme Court

Kagan Choice for Court: How It Will Play Out

Elena Kagan: More Pragmatic Than Liberal

Frontrunner Kagan Would Tilt Court Further Right


NEWS FROM OUR PARTNERS
Other Sites We Like:   24/7 Wall St.   |   Betty Confidential   |   BuzzFeed   |   Cracked   |   Fark   |   Timelines   |   The Frisky   |   Geek Sugar   |   NewsOne