Without it, the Supreme Court would be unlikely to address the issue, and it's certainly time to do it.
Timing is the question. There will be retirements in the Court and nomination battles. Whether this case will be heard before any of those retirements is the question.
I would certainly prefer Stevens to be gone first and replaced, because a 5-4 decision might go either way.
Stay well - Stay safe - Stay armed - Yorktown