Even if it were a likely (but not certain) lose wouldn’t it be virtuous if practical to at least put up the resistance afterwards, make a lot of noise etc? The more the government is tied up in court and against public opinion the less it can harass?
Here is we might start getting slightly off topic. We have a Government headed by a man who doesn't care what the law says, and the DOJ is headed by another man who has already been ruled in contempt of congress. The "government" has an infinite supply of money and lawyers and doesn't care about public opinion. The officer on the beat who screws up is a small fish compared to the ravenous sharks of the Feds. The rogue officer threatens one citizen at a time, the Feds constantly threaten us all.