More Soto on Executive Power
Charlie Savage, your go-to source on this issue, has an article in the NYT on the subject today, paying particular attention to a speech Sotomayor gave in March 2003.
Judge Sonia Sotomayor expressed skepticism in March 2003 about the expanded government surveillance powers in the USA Patriot Act, citing what she referred to as its broader authority “to impose nationwide wiretaps with little judicial supervision” and to monitor Internet use in search of terrorists.
On the other hand,
Judge Sotomayor did seem to indicate that some policies were on firmer legal footing. For example, she said that “one can certainly justify” detaining enemy combatant suspects “in secret” and giving them different legal rights than criminals “under precedents and current law.”
All in all, recognizing that the speech was given in March ’03 (Iraq War month, a time when crazy hung heavy in the air) I still see some reasons for cautious optimism on this issue.