They have de facto rendered the Statute meaningless. They refused to give the Schindlers a de novo trial like the Statute said. They claim, like Whittemore, that the Schindlers did not show that they would prevail in a new trial, therefore they cannot have one.
The Congressional intent was clear, and put in clear language. The Schindlers were to get a de novo trial, period. The courts are saying, oh no, we looked at it based on the case record, and we cannot see that you will win, so no trial for you.
They have done exactly that which the new Statute would forbid, yet they hypocritically claim that they haven't rendered it unconstitutional.
No, they eviscerated it by ignoring what it was telling them they had to do.
This is it. You have it in a nutshell.
You explained it well, and the House should impeach all four of those judges for denying the de novo trial. In that the House will surely back away, the institution will become increasingly irrelevant. I know an impeachment would fail in the Senate, but there still should be impeachment for not following the law.