That used to be important.
Nowadays, the Democrats can go shopping for a judge who will give them almost any ruling they want. Or they can simply ignore the court rulings and do what they wanted to do anyway. The plaintiffs will eventually run out of money, lawyers, and time for appeals or injunctions.
The Democrats are under no such limitations. And if they do get an adverse ruling, they simply try again by passing a new law, just slightly different from the old law.
We still have a lot of pretenses, but the rule-of-law is mostly gone. Our current political and social system are following in that direction.
Exactly right. They just keep fouling the other team until they finally win by default because no one will play against them anymore.