The facts are that the unconstitutional parts should never have been put in in the first place. Yes, the USSC has a role in countering those items - that's part of the checks and balances system. But when Congress knowingly and deliberately includes unconstitutional items in a bill, they are breaking their sworn oaths to uphold the constitution. That's when leaving it to the Court is a cop out. If they were serious about their oaths, the issue wouldn't come up.
>>>The facts are that the unconstitutional parts should never have been put in in the first place.
The facts are, there are many in Congress, who didn't see this law as unconstitutional. There were many others, who agreed to it, knowing the USSC would strike down certain portions as unconstitutional. This was one of the purest political issues, to come along, in quite some time. As a conservative, I'm thankful, there were many smart legislators, who understood how to handle this issue. The whole idea was to get this over with, once and for all and get John "McManiac" and his rabid partner Russ Feingold outta the way for good. This was an issue that barely showed on the publics radar screen, but had tremendous potential for growing into a monster political issue and one that would have further clouded the atmosphere in Wash-DC.