One can not assume that the Supreme Court will find it unconstitutional.
Right... which may point towards an alternative Bush strategy of using this announcement as a ploy to corral the wild cowboy McCain, using his own bill (McC-F) as a lasso to stop McC from riding the open range where he is doing political damage to Bush (and other non-RINO Republicans).
I've been waiting for Bush to do this since McC stabbed him in the back by giving the mainstream media a soundbite to cover the initial impact of the first Swift Vet ad ("dishonest and dishonorable").
If McC refuses to shut the **** up, Bush finds surrogates to hammer McC for refusing to support the bill that he himself wrote and which carries his name.