[shkkmo]

> but you're saying 'if Congress passes a law it won't work and only the courts can do something about x'

That isn't at all what they were saying.

They were saying that instead of Congress trying to make rules through the legislative process (which moves to slow to work), Congress needs to create and authorize a federal agency to make these rules (like the FAA or FCC.) The portion about the supreme court is regarding whether such an agency would be deemed constitutional.