When the SCOTUS slaps this down, we will be able to put a marker in their agenda. I have complete confidence in McConnell's legal team.
I don't know what you mean by a marker on their agenda, but IF the SCOTUS slaps this down, it will be a black eye for Bush too, since he has now signed on to this travesty. "Congress made me do it" is not the kind of response I expect from the supposed grown-ups in charge.