I hope you are correct, that it ends up in the SCOTUS. I also hope the decision is not made until fall 2008 where it can do the most harm to the self loathing enemies of these United States, the Democratic party and their ACLU allies.
I seriously doubt any Dem incumbent senator wishes to be on record AGAINST security. If Specter weren't Specter, he'd request Bill Frist have a vote of the whole senate on a resolution on this. Don't hold your breath.