Bush siding here with Ginsburg, Breyer & Souter, also....
WTH, Bush comes to aid of death row killers if they are Mexican!!
I disagree. Bush sided with the illegal in this case knowing that his decision would not hold up in court. This allowed him to play the diplomacy card while ensuring the illegal would not go free. I know there are a lot of Bush haters, but he has more smarts (and a better staff) than he is credited with.
Or Bush shielded himself by appearing to follow the agreement, all the while knowing what SCOTUS would do. That way the politically insulated branch takes the heat rather than him. I would not have done that, but it is obvious that the SCOTUS was leaning this way to begin with.
It's a whole lot more complicated than that. This complaint is a pushme-pullme situation, where President Bush was previously criticized for not doing enough.