[airedale]

Yes SCOTUS is the arbiter of constitutionality, but that doesn't mean that DOJ can't write a decent brief that makes strong constitutional arguments. I think they did just that and that anyone reading the arguments would have to come away with the conclusion that President Bush is on solid legal ground. That isn't a 100% guarantee he'd win if SCOTUS decided to hear the case but it is better than even money that he'd win.

[mumps]

That isn't a 100% guarantee he'd win if SCOTUS decided to hear the case but it is better than even money that he'd win.

Still, a pretty risky approach if SCOTUS goes against the Bush administration and crucial evidence is thrown out. Why not follow established protocols -- including revising FISA -- and ensure the integrity of the evidence?