Because the current make up of the court, as well recent rulings seems to indicate that the Supreme Court is willing to start looking at limiting the ability of

Because the current make up of the court, as well recent rulings seems to indicate that the Supreme Court is willing to start looking at limiting the ability of Congress is just hand wave is responsibility of making defined laws away to the executive branch like they have been prone to do for the last few decades. Congress needs to legislate not just demand the executive / Administrative state do all the things.