In Court v. Congress, Justices Concede One (washingtonpost.com) (This link probably requires free registration.)

"Legal realist" Cass Sunstein gets it all wrong about the "Bipartisan Campaign Reform Act of 2002" and the Supreme Court. In the first place, both Congress and President Bush were on public record as being (at best) indifferent as to the act's constitutionality, so the idea of giving any "deference" to their so-called judgment in passing and signing the legislation is completely misplaced.