Exactly what I was thinking. If no RvW "case" is brought up before the Supremes, it can't be overturned. At least not by them.
However, if the Dems were to run against every Republican Congressman with the same argument about reversing RvW, they may have a point, not unlike the ones on their heads. At least, Congress could introduce a law to overturn (or at least gut) the tenets of RvW.
bump