How about an idea from the founding fathers. I doubt they would fear the attacks resulting from a principled stand.
"That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and
to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most
likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for
light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable,
than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing
invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future security."
-Declaration of Independence
The evils are still sufferable, but I refuse to desert those constitutional principles which have served our nation so well and given us unparalled freedom. The legislative and executive branch deserted those principles so why not the judicial? Regardless of what they do, two thirds of the government has failed the people.
Pardon me for butting in, but it isn't clear why the legislature passed something obviously tainted--it may be possible that it's a compromise of sorts to get what is good and have the SCOTUS smack down the bad; the exec's comments seem to me to say clearly to those with the ears to hear that he thinks some of it is rubbish, but that other parts are bona fide, and that he'll risk it in the Court. Do you agree with my observation, and is this gamble the desertion of which you speak?
In case you have not noticed this is not an ideal world, and so we sometimes have to use tactics that aren't exactly pretty or the answer you would give in a civics class.
A year from now, maybe 15 months, tops, this law is tossed out. The CFR crowd cannot bring it up EVER again. That's called stopping this as close to PERMANENTLY as you possibly can, and it saves our poltical capital to get conservative judicial nominees confirmed.
If Bush has to appear on Howard Stern's show to get votes, I hope he does. Period. Because you can bet your mortgage/rent/whatever that the Dems play by those rules.