HERA is at the moment a law passed by congress which has not had its constitutionality challenged
And to the best I understand NONE of the suits by any of the plaintiffs on our side argue it is not constitutional
the arguments are that it has not been followed and that courts can intervene with judgments on if it has been followed by the respective GOV agencies and people and if they have acted as true conservators
there are other lines of attack - like a taking and the Delaware stuff and more
but to my knowledge no one has suggested taking this to SCOTUS to find HERA violates the constitution
I think the way it was viewed and judged by LAMBERTH exceeded the scope and power of the law and that he did not understand the role for judicial intervention