LMAO. It's no cop out. That's the way our constitutional system operates. When the Federalist and Treasary Secretary, Alexander Hamilton, wanted Congress to enact laws prescribing a central banking system, Republican leaders, Jefferson and Madison, opposed it and said it was unconstitutional. George Washington signed it into law. As far as I know, it was never challenged in the USSC, but could have been. The same thing is happening here. In fact, certain provisions have been placed into the CFR legislation, that allows the USSC to find certain portions of it unconstitutional, without having the whole law overturned. Those are the facts.
The facts are that the unconstitutional parts should never have been put in in the first place. Yes, the USSC has a role in countering those items - that's part of the checks and balances system. But when Congress knowingly and deliberately includes unconstitutional items in a bill, they are breaking their sworn oaths to uphold the constitution. That's when leaving it to the Court is a cop out. If they were serious about their oaths, the issue wouldn't come up.