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In its order on Wednesday, the court indicated that it would examine separation of powers issues, and also suggested that it would address the legality of same-sex marriages already performed.
Mr. Yoo has not used his academic background in the legal aspects of war powers issues and executive authority to make a persuasive case here for the administration's actions.
"I think any attempt to do that would raise serious separation of powers issues," he said, referring to the notion of the judiciary as a coequal branch of government.
Ranit Schmelzer, a spokeswoman for Senator Tom Daschle of South Dakota, the majority leader, said the inquiry had provoked "grave concerns about the constitutional separation of powers issues raised by having one branch of government administering a polygraph to employees of another branch".
The governor has proposed to have Jonathan Lippman, chief judge of the State Court of Appeals, temporarily preside over the Senate; the Republicans say they already claimed leadership of the chamber in a disputed vote held two weeks ago, and suggest that using Justice Lippman would raise "troublesome separation of powers issues," according to a statement from Dean G. Skelos, the Republican leader.
The original Council had limited powers: issues relating only to coal and steel were in the Authority's domain, and the Council's consent was only required on decisions outside coal and steel.
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"Judges cannot claim a separation of powers issue here.
Last week, South Africa's public protector, an ombudsman with constitutional powers, issued what has become known as the "state-capture report".
The major powers issued public denouncements, while the United Nations Security Council convened for an emergency meeting.
"I don't know what the limitation is," Mr. Phillips objected, saying the law would be open-ended enough to raise "core separation-of-powers issues".
Her spokesman, Sean McCormack, said the decision against public testimony was made at the recommendation of administration lawyers who warned of separation-of-powers issues.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com