Maybe, maybe not. The Supreme Court doesn’t have to take the case, and may prefer to stay out of it. From a stritly legal perspective, the issue in this case is not terribly important or far reaching - it’s fundamentally a pretty narrow question of statutory interpretation. Obviously the effects of any decision would be tremendous, but that may not be enough to entice the Supreme Court to step in.
It takes four Justices to put a case on the docket. There’s no other way to resolve this; going back to Congress for a quick fix isn’t an option. I see the Court’s Liberal Bloc, under the direction of Obama, taking the risk in the hope of peeling off Roberts again.
But I don’t that working a second time.