Obey the law

A federal judge has pointedly reminded President Bush that, yes, the laws of the land apply to his administration as well. His once-secret warrantless-eavesdropping program is illegal and unconstitutional.

Congress has been utterly useless in holding the administration accountable for key parts of its national-security policy and its handling of the war in Iraq. In the face of an outright abandonment of oversight of the chief executive, the task has fallen to the judicial branch. In this latest example, the administration again declared itself above the Foreign Intelligence Surveillance Act. Never mind the 1978 law contains emergency provisions to give authorities a measure of flexibility. But the law dutifully circles back to review by a judge. This White House would have none of it.

Naturally, the administration has appealed the judge's ruling, and some legal handicappers expect it to be reversed. Do not be so sure. The U.S. Supreme Court repudiated the administration's extra-legal processes for dealing with prisoners of war.

This is a fundamental struggle over the rule of law and checks and balances. President Bush does not get to pick and choose the laws he will obey.