Ya the supreme court worked out pretty well with the unafordable care act as constitutional under a new word Tax. Thier is always a way given a chance and I say why give them any chance or moving thier line in the sand closer.
Do you understand how the Supreme Court works? They don't say "Oh, a new treaty has been ratified, let's render an opinion on it even though no one asked us". Someone has to be affected by a law and bring a case to Federal court. If they don't like the outcome they might appeal to higher levels, all the way to the Supreme Court. The Supreme Court might decide to hear the case if some Constitutional question has been raised, but Reid v. Covert has already established that the Constitution is supreme above any treaty. Period.