This is a very dangerous game. Better, in my opinion, that if he opposed it that he should have vetoed it, and forced an overturn of his veto. If the courts then strike it down, Bush can say "See, I told you it was unconstitutional" and if they uphold it he can truthfully maintain he was against it from the start.
Unless he actually supports it, then bully for him.
I completely agree with that. I wish he hadn't signed it. There's absolutely no way I would have, if it were my call. But still, I'm not yet prepared to declare the Constitution dead at Bush's hand. The game is indeed dangerous--and needlessly so--but not yet over.