Then perhaps you should credit John McCain with killing CFR. I think McCain wrote this bill just to get it killed by SCOTUS - that way it's off the table for good. Brilliant!
McCain wanted the bill passed no matter what. That is why he gave in on the hard money and why the GOP insisted on clauses that allow the bill to be contested well in advance of it being effective. This may well be the only bill that was passed in such a way that it can be tested in the courts before its even effective.
So, yes in many ways the bill was written so accomadate a quick and effective SC challenge.