re: #159 Guanxi88

But because Congress did not pass the legislation in question, the will of those Congressmembers who supported it cannot be presumed to be statement of Congressional intent.

It passed the House. It will certainly be a novel Supreme Court case but if legislation passes in the House, but fails in the Senate, I think the proper conclusion to draw is that Congress decided the issue was within their power/desire to regulate but they refused to apply that specific piece of legislation.