Actually, no. Not SCOTUS be damned. This is the provision SCOTUS left intact. So if anyone should be damned, it is SCOTUS for not declaring the entire thing unconstitutional. There is no Constitutional violation here and that is SCOTUS’ fault.
Yeah, but it went 5 to 4 which means the conservatives voted against the DOJ and Kennedy voted with the liberals, and I am sure you did not expect Sotomayor, Breyer, Kagan and Bader-Ginsburg to vote with the right.