Yes. The only question is whether this merely represents a broken Justice Department, or whether they are also speaking for President Bush. The first possibility is still Bush’s fault, but at least it would be a matter of neglect and incompetence rather than a deliberate attack on the Constitution.
I find it not credible that Bush's own Solicitor General would act against the President's wishes. Bush is certainly aware of it now, and he's not stopping it.
This Administration has a track record of trampling on the Bill of Rights. The McCain-Feingold bill and Raich v Gonzalez, for example, walked right over the First and Tenth Amendments respectively.