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I suppose the ultimate acid test will be when this doctrine works its way through the courts. I take Glenn's point that Congress needs to have the political will to file such a suit--say by trying to hold Harriet Myers in contempt--but assuming it does, what will the Roberts court eventually rule?
Bush, et. al. have judged, probably correctly, that this will all happen long after they are gone, given the slowness with which all this will be played out...but still, will the neocons on the court care so much about the fate of neoconism that they rule against the power of the judicial itself? Overturn the famous maxim that it is the judicial branch's power to determine what the laws, including the constitution, are?
That will be the moment when we learn whether Scalia, Roberts, Thomas, etc., see themselves as judges and true conservatives or as ideologues in the service of the Republican machine.
