52. SCOTUS won’t go for it. There’s no way Kennedy would sign off on blatant usurpation of one chamber of congress by the other; in fact, the vote would probably be 6-3 at least. It should be unanimous, if only for precidant reasons. After all, what is a bill of attainder or ex post facto law but “deeming” someone guilty and deserving of punishment without a trial? As for Congress, they need to tread cautiously, lest we “deem” them worthy of a death sentence without a trial. If they can deem things that are not as though they were, the right to a trial is null and void; we can simply deem the trial to have already taken placed, and carry out the judgment accordingly.