Yes, because if John Roberts, Scalia, Alito and Thomas say a Democratic bill is unconstitutional, then it must be so. I mean, those guys aren't the least bit partisan -- just "umpires" calling "balls and strikes."
This is a little like saying that because Republicans refused to vote for a bill that looked exactly like the one they proposed in the 1990s — that it wasn't "bipartisan."
Nice trick, eh?