If we were still America they would win.
That ship has sailed.
If we were still America, they wouldn't have to sue in the first place.
Under fascist theory...the Courts as a part of the government - a branch - will want to continue to operate, so it must rule favorably to the government’s position and follow the edicts of the fascist government.
Should a judge do otherwise he/she will be targeted and removed and the ruling will be corrected higher up the line.
Everything now must be understood according to fascist philosophy.