[jsdjason]

Typically the rules and procedures of the houses of congress have been held to be “political questions” by SCOTUS, which means the courts are hands off and leave it to Congress to figure it out for themselves. There are instances where the courts will get involved, but I’m not sure this is one of them. I’m no expert, but if the rules can be changed that easily without repercussion then we can just as easily do the same in the future. This could backfire on the DEMS. I’d like to see this repealed, and I’d like to see the new republican majority write a bill forbidding federal regulation of health care in the future. I’d also like to see the republican bill have stipulations similar to what the DEMS have put in this bill, i.e., they can’t regulate without 67 votes. It may be just as unconstitutional, but if they can do it, then so can we.

[Political Junkie Too]

I think you're generally right about the Supreme Court leaving political issues to the Legislative branch to work out. But, I think what makes this different is that the Senate is forcing a rule change on the House, too. That violates Article I Section 5 Clause 3, which gives each chamber the power to make its own rules.

-PJ