Of course you are correct. It would be simply another exercise at exposing dem hypocrisy. They put Jackson on a pedestal for being such a powerful president, yet would condemn Bush for it.
Examples of dem hypocrisy are far too common, so there no need to do it here. However, I disagree with the administration's approach. They should drop their Patriot Act argument and instead focus on established legal precedent (i.e. the Truong and Keith decisions). Keith was first argued in the same Circuit, so it should be quite easy to illustrate that Judge Taylor's decision overturns the legal precedent established by her very own Circuit Court of Appeals.
Oops. That last one was from the Department of Redundancy Department.