So let them file a lawsuit--that doesn't mean that they will win. In a post 911 world we can't afford to skimp on the nation's security because we are afraid to take the fight to the ACLU. The (legal) citizens of this country will back the president if he stands and fights for our security. However, if he does not change his position on illegal immigration and border security his support will evaporate if there is another attack that could have been thwarted if we had at least attempted to control our borders.
My point was that the activist judiciary, like the Ninth Circus, ensures a win. It is a partnership between the left and the courts brokered by the ACLU. Really, all the Ninth circus does is rubber stamp whatever the ACLU brings in front of it. Otherwise, I completely agree that the border and illegal immigration is a matter that Bush is out of touch on.