Well, now that you mention it... ;-)
A move in that direction would be a plus, if we're going to see ex post facto legislation like this travesty coming out of Congress. What citizen can be secure in rights if the Feds can come in and delay them at whim?
But let's say this law is okay. Fine, the judge reviewing will find there's no infringement of rights except for the delay in implementing her wishes.
I suggest you read the Federalist Papers.