At least one Supreme Court Justice seems to dissent from Mr. Cooper's position:
“It is no answer, of course, to say that Congress surrendered its authority by its own hand,” he wrote. “Abdication of responsibility is not part of the constitutional design.”
Justice [Anthony] Kennedy made a broader point, too, one perhaps more apt today than it was 10 years ago.
“Separation of powers was designed to implement a fundamental insight,” he wrote. “Concentration of power in the hands of a single branch is a threat to liberty.”