What will the ACLU say about this?
The ACLU has plenty to say, along with a lot of other parties. Here is the brief on behalf of the ACLU and several other organizations The ACLU is on the right side of this case.
http://www.scotusblog.com/wp/wp-content/uploads/2009/04/nacdl-et-al-4-14-09.pdf
Links to other briefs can be found here:
http://www.scotusblog.com/wp/?s=Jackson