Russ Feingold actually said...

I think the Supreme Court has made very clear that September 11th did not trigger a radical rebalancing of our constitutional system of shar...

I am not aware of any case in which the Supreme Court has upheld the exercise of a commander-in-chief power in category three.

I cannot think of any facts that would make that TSP constitutional in 2005 when it was revealed.

There is nothing in FISA to suggest the President may disregard the statute.