I might not have noticed this one had it not been for reading the “Op-Eds” of the Washington Post and reading an article by Joan A. Lukey about it, called “At the Court, Inflating the White House’s Power on Sunday, July 4, 2004; Page B02
http://www.washingtonpost.com/wp-dyn/articles/A25004-2004Jul3.html.
This decision, after all the hoopla leading up to it, was practically ignored by the media. As Joan A. Lukey writes:
“The high court clearly disagreed. In one quiet little line, on the 20th page of a 21-page majority opinion, the seven justices in the majority undid decades of evolving doctrine with this: “[the Court of Appeals] labored under the mistaken assumption that the assertion of executive privilege is a necessary precondition to the Government’s separation-of-powers objections.” Translation: The administration need not invoke a doctrine that would subject the decision to withhold information to judicial review, even regarding matters of domestic policy.
continue reading…