This is a cop-out. If it comes back every year, Bush should veto it every year, and use every opportunity to speak against it so that it eventually becomes a political non-starter.
The time to rely on the Supreme Court will be down the road, when a RAT is in the White House, and then we can hope the court will do the right thing as a last resort. But to use that strategy now is dangerous and cowardly.
Bush really needs to veto this bill. If he doesn't then I will never forgive him for supporting such a blatant assault on MY Constitutional rights. There is NO excuse.