Silly Ty. They
planned to lose in the 9th Circuit, where the judges are "activist" even when upholding small-government values and strict construction like this.
Meanwhile, any intrusion upon individual liberty inconsistent with traditional Republican values can instantly be characterized by Slave as merely "red meat for the GOP base." Because the GOP base relied upon for Bush's reelection holds all of the values espoused by the GOP on this board in contempt, and vice versa.
The Cons here are embarassed by the voters who gave them three branches of government, the way I'm embarassed by the voters who turn out
because they want a welfare check. Except they all stopped voting in 1992 when the Dems began thinking it was more dignified to poach votes from the middle.