You are quite right that NORMALLY the courts do not interfere in the procedural rules of any legislature. I say that in my column, and if I had had more space than the usual 750 words, I would have cited a Supreme Court case where it refused to look into the ratification rules of the Ohio legislature concerning the proposed Equal Rights Amendment.
However, there have been exceptions to that rule. The Powell case, which I discuss in detail, is such an exception. So it has been done. So it can be done again.
John / Billybob
Pleased don't misunderstand, I think it's possible that they'll intervene, I'm just not sure it's likely, given the makeup of the Court, Powell notwithstanding. Of course, Roberts has made it clear that he has no patience for Obama, so that's a wild-card.
Also, situational circumstances aside, I'm not all that excited at the prospect of them inserting themselves into this mess. It would be the biggest reach for Judicial power since the days of Marbury, IMHO.
Even if this does get enacted, and the Supremes take a pass on reviewing the legislative process with respect to this law, I believe that there are PLENTY of cases to be made that large chunks of this bill - on its face - are completely unconstitutional. I would look for many of those challenges to prevail.