You mean a judge WILL intervene and rule it unconstitutional. We've come to the days where judges make laws and break laws. Judges have the authority to give court orders which may as well be the same as congressional law. Judge Dredd has ordered the execution of a woman and his judicial buddies will cover his back. The biggest mistake the framers of the Constitution made was giving life terms to judges and not giving the Congress authority to remove radical judges. Only a judge can remove another judge.
In a very real sense, it ain't necessarily so....