Its not that, its worse.

I blame the Bush administration for this one, so party liners prepare to be butthurt.

The creation of the FISA court and the Patriot act, and the clause that places the chief justice at the top of the FISA court, created a situation where a member of the supreme court has to concern himself with the goings on of the intelligence community. This person is not capable of making rulings based on the constitution alone. The justices of the supreme court are not supposed to have interests in political matters or other government goings on, and the creation of the FISA court makes it so that at least one must have those interests.

Additionally, we all know how intelligence works. It creates the need for certain Intelligence groups to squeeze the chief justice, and any dirt they can find can be used to manipulate him. You can bet your ass there's some of this at play here too.

It all comes down to the Patriot act.