"This is about as friendly a suit as I can think of." Friendly? I don't hardly think so. The fact that this has to happen should clue you in.
I would sooner be friendly to Beelzebub than an entity attempting to weaken the US Constitution.
You don't get it. The Bush Administration doesn't like this law, either. How better to get the objectionable parts eliminated than having to put up a "defense" of them?