Since the congress critters are lining their pockets left and right from the lobbyists for this bill, it's not in their personal interest to turn it down, even if they know it won't stand up in court.
And if it passes, it's almost guaranteed to be tested (and overturned) in court - as it's been mentioned many many times, Youtube, Google, Bing, etc etc have way too much to lose to let it go unchallenged.
Seems like it's just status quo here in the States with the new "pay-n-pass" government.