I'll be surprised if SCOTUS even takes the case.
Me too.
Believe it gets sent to Kennedy first. If 4 justices want to hear it, it is tradition to grant the appeal. That being said, I bet there are only three votes there: Scalia, Thomas...and maybe Rehnquist. Rehnquist hates Congress treading on 'his' turf, i.e. might kill Terri to protect the judicial lords.