Theodore Olson

Lyle Denniston thinks so: From the moment nearly 15 months ago that two master legal tacticians, David Boies and Theodore Olson, launched the case of Perry v. Schwarzenegger, it was almost universally expected that it would become a historic Supreme Court test of gay marriage and the Constitution.   Now, perhaps for the first time, it seems realistic to suggest that this particular high-stakes battle may never get  much beyond California, especially in terms of its impact on the Constitution. That prospect came into view Thursday as U.S. District Judge Vaughn R.

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Crisis and Command: A History of Executive Power from George Washington to George W. Bush By John Yoo (Kaplan, 544 pp., $29.95) Bomb Power: The Modern Presidency and the National Security State By Garry Wills (Penguin, 288 pp., $27.95)   I. In December 2008, Chris Wallace asked Vice President Cheney, “If the president, during war, decides to do something to protect the country, is it legal?” Cheney’s answer included a reference to a military authority that President Bush did not exercise.

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