You mean SCOTUS will go directly against its own precedent? I'd certainly hope so, but I'm not going to assume that. We still need to keep the pressure on Congress to get it repealed, just as we would if we had nine Ginsburgs on SCOTUS.
Remember that a lot of conservatives were snookered into not making too big a deal over Bush's signing of CFR, on the theory that SCOTUS wouldn't uphold it. Fool me once...
Won't it be ironic if CFR shuts down FreeRepublic? Ironic because so many freepers think Bush walks on water -- but it was Bush who signed CFR.