I don't view the New Deal changes in constitutionality as prevailing through some from of reasoning of arguments per se, just projection of power. Projection of power is unlikely to be changed through lawfare. Usually it is not relinquished without violence. The violence that set the stage for consolidation of federal power, IMO, was in large part the civil war (removal of secession as a check on federal power, IMO the most powerful check states had) but of course also the concerns from the aftermath of WWI.

The fact the ICC was used is the least consequential part of the whole thing. That's just what was picked by the whig-gods to present legitimacy to the projection of power. Could have just as well been a proclamation from god under some other system. If the ICC expansion non-sense is struck out of some kind of convenience for some matter they are attending to, I don't think it changes much, just means the priest will utter some other magic phrase.