Even if the Plague strikes SCOTUS and Bush replaces all nine, I'm not totally sure Ashcroft wants to go that far. A huge industry hangs in the balance, not to mention local police control of the population.
There are too many thugs with badges who hold with the "Us and Them" world view. The New York, Chicago, DC and LA PDs rely on a helpless population to retain control. They have convinced themselves of the Thin Blue Line myth, and they are not just going to walk away from that power. Certainly the ATF, FBI, INS, Park Service, Air Marshalls, Fish and Game, Poultry Inspectors, and every other Federal wanna-be who carries a gun are not going to be pleased to be out-gunned.
Shhhhh..... They already are WAYYYY outgunned. They just don't want you to bring it up... loose lips and all...