The ACLU understands that the bill has come a long way:
"The Patriot Act debate has come a long way, but there is still more that needs to be done to protect the rights of ordinary Americans," said Lisa Graves, ACLU Senior Counsel for Legislative Strategy. "It is clear that there is building skepticism about the administration's approach to national security and civil liberties, and the ACLU and its bipartisan allies will continue to speak out in defense of all Americans’ fundamental civil liberties and constitutional rights."
http://www.aclu.org/safefree/general/24295prs20060228.htmlA bill can always be amended, rewritten in fact; it can be altered in the future. In fact, Specter is trying to dismantle (in Bush's favor) the FISA law, which has nothing to do with the Patriot Act, but would be even more damaging. Also, there are excellent laws on the books right now that Bush has no regard for.
The 42 Democrats who voted against Alito were not all committed to voting against this bill.
And unlike a bill, Alito and Roberts are on the Bench for a lifetime.