Court to rule on Obama’s use of executive authority

Justices will hear case involving immigrants.

The Supreme Court has often dealt big blows to presidents in their second term.

Harry Truman was rebuked for claiming the power to seize strikebound steel mills during the Korean War. Richard Nixon resigned shortly after the court ruled unanimously he must turn over the Watergate tapes.

Bill Clinton’s impeachment was triggered by the court’s decision that he must answer questions under oath in the Paula Jones sexual harassment case. And George W. Bush lost before the court when he claimed his power as commander in chief gave him almost unfettered authority over prisoners held at the Guantanamo Bay prison.

Now, as President Barack Obama begins his last year in offiffice, the court is set to rule on his use of his executive authority. The justices will decide whether he violated the law by authorizing more than 4 million immigrants living in the U.S. illegally to come out of the shadows without fear of deportation and obtain work permits.

Never before has the court ruled that a president violated his constitutional duty to “take care” that laws are “faithfully executed.” Yet when jus- tices agreed to hear the immigration case, they surprised many by asking both sides to present arguments on whether Obama’s actions violated the rarely invoked “take care” provision. That question had not even been at issue when lower courts blocked Obama’s plan from taking effffffffffffect .

In a separate pending case this term, the court also will rule on whether the president and his health care advisers went too far by requiring Catholic charities and other religious employers to opt out of providing a full range of contraceptives to their female employees by citing their religious objections.

The religious groups argued that by notifying the government of their decision to opt out — which triggers a process under which employees would get contraceptive coverage by other means — they would be “complicit” in supplying “abortion-inducing drugs.”

The decisions, both due by summer, will help answer a question that looms over Obama’s presidency. Has he properly used his power as chief executive to circumvent congressional inaction on issues such as immigration, climate change and health care, or has he gone too far and violated his duty to enforce the laws as set by Congress?

The cases come before the court with a backdrop of Republican claims that the president has overreached and abused his power.