It may be another year or two before a true challenge to the Obama agenda reaches the Supreme Court.
McConnell, the law professor, said the administration's broad set of regulatory moves made a clash almost inevitable. "It does not mean the courts are being 'political,' " he said. "It is the way the institutions are designed, to create checks and balances."
The moves can't be pre-emptorially challenged/reviewed for constitutionality before implementation, giving the Administration more opportunity to put the bureaucratic machinery in place.
This time frame, is also putting this possible challenge(s) right at the next election time. Think that won't be manipulated by both sides?
Imo, the Founders counted on the restrictive interpretation of the Constitution (the powers not specified are reserved) to self limit the legislators & the executive branch, but their "catch me if you can"attitude for the last 80 years or so is slowly becoming it's undoing.