President Bush is gambling that Shays-Meehan will be struck down by the Supreme Court, and even more importantly, that it will be struck BEFORE the November election. If that happens, the issue is not only defanged for this election, it is reversed. Daschle & comapny will be placed on the defensive before the public. "Why did you push so hard to pass a bill that would have stolen the First Amendment rights of American citizens?"
I disagree with the decision that the Bush team made. However, I thoroughly understand it. I would never have gambled with the Constitution.
But if the Court strikes CFR before the election, and the Democrats suffer serious defeats in both the House and Senate, the Bush team's calculus will be vindicated. Furthermore, with the Senate then in Republican hands, there will be no more debacles like the political assassination of Judge Pickering, (Keep in mind that also means better Justices on the Supreme Court, when President Bush gets his opportunites to make appointments there.)
I'm sure my comment does not change your mind on this. I trust it makes you a touch more hopeful about future events involveing the courts.