Current Legal Topics: Judicial Interpretations of EganThe Law Library of Congress is proud to present a new article focusing on executive privilege. It is available in its entirety in PDF on our U.S. Constitution website.
Louis Fisher, "Judicial Interpretations of Egan," November 13, 2009. The Supreme Court's decision in Department of the Navy v. Egan, 484 U.S. 518 (1988), is frequently cited to justify broad presidential powers over national security and classified documents. The ruling has caused confusion in the courts because initially the case began as one of statutory construction and was briefed with that understanding. However, when the decision was issued it added constitutional analysis of Article II presidential powers, while cautioning that the scope of executive authority depends on what Congress enacts in law.
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