To rule against the law on these grounds seems to me unlikely.
The Senate took up a House bill and then stripped it entirely and replaced it with Obamacare. That was passed back to the House and passed .
Apparently there is precedent and SCOTUS ruling on this procedure being legal.
I’m not a lawyer and never played one on the Broadway stage
October 5, 2013 4:00 AM
Obamacare’s Unconstitutional Origins
Tax legislation has to originate in the House; the health-care law didn’t.
By Andrew C. McCarthy
http://www.nationalreview.com/node/360460/print
When I complain that the GOP is a stupid party this illustrates the point. When GOP face divided Congress they swear on a stack of Bibles that what Conservatives want is too radical and they have to compromise with the Dems to get some of what we want. They swear there is no way around the Dem roadblock.
Dems come along under the same situation and they use Parliamentary maneuver and get their radical agendas passed without the need for GOP votes.