It gets worse. As part of the apparat, the courts have an official Trust The Experts

policy that basically means whenever judges don't understand the problem (which is most of the time) they just side with the bureaucrats. It's called Chevron Deference. And if you're thinking, "hey, Krokodil, I don't remember the judiciary having any policy of deference to the Executive or Legislature," you're right, you don't, because there isn't one. The bureaucracy is given more latitude by the courts than their nominal bosses.
Though I suppose I should add that this is all part of the responsibility laundering shell game of [current year] Washington. Like "hostile workplace" laws, it's a great way for elected officials to deputize unelected actors to do their bidding, then shrug at the results.