Bullshit. These Senators violated their oath of office to uphold the Constitution by either voting or failing to oppose this clearly unconstitutional bill, and it looks like Dubya will do so as well. Any Senator who supported this bill should face censure and, if warranted, expulsion proceedings and, if Bush signs it, he should be impeached.
Tossing it off on the Court is just another lame excuse for gutlessness and dereliction of Congressional (and executive) duty. So much for "preserving, protecting and defending the Constitution.."