Bush Agrees to Put NSA Through Court

ABCNews reports that Bush has agreed to put the program though the FISA Court (story: http://abcnews.go.com/Politics/wireStory?id=2191051).
The problem I have with this is that it isn't even doing what the law already says. The law says to get a warrent (and thus, consult with a court) before tapping wires. But as I read this story, this wouldn't even do that. All this would do is put the program as a whole though the FISA court.
If anything, it actually is worse then what Congress should do. This program is very public. Bush knows this program is illegal, and decided to have it go through a secret court, not Congress. This means that if (ok, when) the program is found unconstitutional, the ruling won't be made public.
While this is a step forward, it is hardly where we need to be. Bush needs to follow the law, yet Congressional Republicans are letting him get away with it. This whole controversy is their problem as well, yet they're not dealing with it.