See...that's the problem. We can't be sure what these black-robed dictators will do once they're confirmed.
President Bush had a duty to veto this, and he failed to do so. While he deserves credit on other issues, he deserves criticism on this one.
Let's not forget Stevens(appointed by Ford) or Ginsburg and Breyer(appointed by Clinton).
Why do you all want to conviently forget the two justices Clinton appointed who make up 2/5th's of the current liberal majority on SCOTUS.
So what do you suggest, that we 1) Don't do anything, or 2) let Dean or Hillary or Daschle decide?
The idea of an inerrant judiciary was flawed from the beginning - and recognized as such:
"...(I)t is objected, that the [federal] judicial authority is to he regarded as the sole expositor of the Constitution...
"...(T)he proper answer to the objection is, that the resolution... supposes that dangerous powers, not delegated, may not only be usurped and executed by the other [federal] departments, but that the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution...
"However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the [federal]government; not in relation to the rights of the [States as] parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve."
James Madison, Report on the Virginia Resolutions, 1800
The high court ruling does indeed appear to "sanction dangerous powers beyond the grant of the Constitution." Virginia and Kentucky led the opposition to the 'palpably unconstitutional' Alien and Sedition Acts - but I doubt we'll see even a single State object to this. Let's hope the Constitution is not 'subverted forever'...
;>)