I wasn't a mistake, it was intentional. These people are conscious, deliberate Gramsciam moles. Their intent is to deconstruct our Constitutional Republic.
I'm going to break ranks here and open myself up to many readers ire, but this is the result of a critical error in judgement by the Administration.
Congress (astoundingly, actually following the Constitution for a change) passed a law in 2005 removing this category of issues from the jurisdiction of the federal courts. No matter how much the media, Dems and the Left howled and shrieked, there was no legal reason for the President to "ask" the court to "clarify" the matter. The Supreme Court has now used this unnecessary and misguided attempt to "unite, not divide" to state unequivocally that they are accountable to no one.
It was a tremendous blunder, and if allowed to stand will have tragic consequences far exceeding any short-term political or electoral gain in the next election. It is even worse than President Bush's blunder in failing to veto the Constitutional obscenity that is the McCain/Feingold Campaign Finance Reform because he believed the courts would fix it.
1) As I keep pointing out, this case was all about "trying" them---not HOLDING them. We can hold them forever.
2) By forcing Congress to again put this on the front burner . . . just before election time . . . it absolutely kills Democrats. It may well swing a half-dozen House seats alone.
3) It again puts the Court front and center, just in time for Ginzy or Stevens to retire or have, shall we say, health issues. People will never again think any of Bush's appointees are "out of the mainstream," as the loonies on the left made clear they are the ones out of the "mainstream."