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In the event the dispute makes it as far as a court hearing, the new administration's lawyers would have to argue the same basic position urged by Bush's team, despite Obama's repeated criticism during the presidential campaign that Bush was too aggressive in asserting executive authority.
Or Obama's lawyers could reverse course in the middle of a complex legal dispute that would essentially have the new president arguing for limits on his powers.
Should Solomon cut the baby in two, because he said he would (thus asserting the absolute royal rights over the lives of his tiniest subjects), or should he give the baby to the woman who is obviously its mother, thus potentially weakening the assertion of his absolute royal power over the lives of his subjects?
Oh, this one is a three-beer one, for sure.