I been wondering that since Bush feels he has the power to break the law and
since his current Supreme Court nominee, Sam Alito, shares the same
“constitutional” values as Bush will that make him even more of a threat to the
high court. Well it turns out Alito will get to answer on that:

WASHINGTON — Supreme Court nominee Samuel A. Alito Jr. was warned
yesterday by two key senators that he will be expected to comment on the
revelation that President Bush authorized the National Security Agency to
monitor the international phone calls and e-mails of U.S. citizens without
seeking a court order.

In separate letters to Judge Alito, Sens. Arlen Specter, R-Pa., the
chairman of the Judiciary Committee, and Patrick Leahy, D-Vt., its ranking
Democrat, told the nominee to expect questions about the surveillance
program, which Mr. Leahy said “is but one of several areas where the court’s
role as a check on overreaching by the executive may soon prove crucial.”

In his letter, Mr. Specter stopped short of asking Judge Alito if Mr.
Bush violated the Constitution by authorizing surveillance of persons
thought to have ties to al-Qaida without obtaining a warrant from the
Foreign Intelligence Surveillance Court.

Article continues
here.

That is a very important question and either way he goes will lead to
problems. I bet he is talking to John Roberts right now trying to learn some
question dodging tactics that were common play during the Roberts confirmation
hearing.