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I've spent some time researching this issue on Google. The most recent legal overview (written in 2002, by I.P. lawyers) I was able to find stated that the ex post facto constitutional law is a concern, but as of that time, there had been no litigation on the matter. Their concern was for taking items back into the public domain, not the extension of copyright. I guess that implies that there is a door open for litigation, should somebody with the means (and the will) choose to pursue it. I know that the most recent Supreme Court ruling on copyright length was over whether the Congress had exceed the "limited time" definition of copyright in the Constitution. It didn't, according to the Supreme Court.
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