New Justice Could Hold the Key to Presidential Power

"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. The latest on President Obama, the new administration and other news from Washington and around the nation. 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. . ."