As usual Wes Pruden with his knee jerk Bush hate is absurd in his "analysis". The Presidents Commander in Chief powers are NOT subject to the whimsy of the Judiciary and the Congress. The concept of the Co Equal branches of Govt seems too difficult for the knee jerk Bush haters child level intellects to grasp.
Rather then waste time on the absurd nonsense of Pruden, I suggest people read this analysis by one of the best Legal Minds in the Country. This is serious analysis of the matter based on the Law, not the emotion based hysteria of Know Nothings like Pruden.
http://www.freerepublic.com/focus/f-news/1685444/posts
Judge Not (NSA ruling-Mark Levin opinion)
I generally like Wes Pruden, but he seems to have really, really gone off the deep end here. And you're right, he is totally wrong about this, and even the female leftist filling in for Mara last night on the FOX panel used terms like "poorly reasoned", "politically motivated", "reaching" (as it pertained to the standing of the plaintiffs", and "screed". Boy, did Fred sound surprised when he had to agree with her! When you have leftists saying it is an unsupportable decision, it is probably an unsupportable decision.