Now then, back to the discussion.
Nancy Pelosi always organizes Demcratic congressmen to split the their vote for controversial bills. She does it so Democrats can say they weren't for or against a bill.
Do you have a source for that? It doesn't seem impossible, mind you, but given how undisciplined Democratic Congresspeople have historically tended to be, I'd be surprised if Pelosi had the ability to pull something like that, much less do it consistently.
It seems difficult to get to the Supreme Court without a trial.
Yes, you need to go through a trial court first* before you can get to the Supreme Court. However, it doesn't have to be a criminal trial. Thanks to the right to petition for
habeas corpus, you can challenge the legality of your detention if the government throws you in prison without charges. That gets you to the trial court. Which, incidentally, is a big part of why cases like
Rasul v. Bush and
Boumediene v. Bush are so important.
*Actually, you need to go through the trial court and then a federal appellate court. If you appeal the decision of the federal appellate court, then the Supreme Court gets to decide whether it grants you a
writ of certiorari. If they do, then they will hear your case. If they don't, then you're stuck with whatever the federal appellate court decided, and someone else has to try to get them to rule on the issue in a separate case.