Damn. I completely missed this - I submitted a six-page Enemy Course of Action Analysis yesterday, trying to predict DC's next step. Of course, I recognized that their would be enormous pressure on DC to keep this out of the USSC, as the effect would be nationwide - but it never even occured to me that Congress might repeal the law, to kill the case.
(Whacks self in head).
They didn't attach it to the bill to kill the case. They attached it to the bill because they knew the demorats would never take the measure up for a vote.