That is likely where one of the next crises on the path to Revolution will happen. One day a president is going to have to say "That's your ruling? OK, what are you going to do about it?" Or the legislature is going to have to start passing bills with the stipulation that they are not subject to judicial review. One way or the other we're going to get to the place where the bullet meets the meat. And then everybody will be sorry but it is a "necessary phase."
I've read the oral arguments in the upcoming Raisch case, and the government's lawyers are arguing that there can be no "as applied challenge" to Commerce Clause legislation. The courts can't very well review something no one can bring a case against.