"That's why they gave up their defence in SCOTUS. They tried to give in, hoping the SCOTUS would rule against them and fix their problem. But, SCOTUS was kind of "don't bother me. It is your problem. Fix it yourself". IMO."
It is not just that. Plaintiff's attorneys are not even challenging the root cause of all these problems. What would cost them to challenge HERA itself or what worst would happen if they challenge HERA?
Plaintiff's attorneys are beating around the bush hoping that something will come out.
Gov bureaucrats have merrily violated every kind of legal principle and laws and Plaintiff's attorneys are not able to explain this without calling bureaucrats as crooks.