We need more Civics classes for students.
Branches of the Federal Government being put into the decision because of a massive failure of another is exactly why we have 3 branches. It's rock-paper-scissors. Checks and balances. Which is why, for instance, people squawk so much when the executive branch imagines itself new powers it was not granted.
The normal idea behind "checks-and-balances" is that if one branch exceeds their authority, the other two branches can serve as a check on abuse of that authority. The argument being made by GP, though, is pretty much the opposite: Congress isn't overstepping their authority, they're abdicating it. It's basically like they want to be 'checked' by the Supreme Court, because they don't want to have to take a clear stand in the first place.
It's also simply the fact that politics abhors a power vacuum. If one branch of government abdicates its power, that slack has to be taken up elsewhere.
It could all spin based off of the next appointment.
But The Founders clearly thought Congress should be somewhere else than yelling from the sidelines.