They probably expected to lose.
My take as well...
My guess is that they decided it wasn't going to win them any support, going against pragmatic laws designed to keep U.S. citizens alive.
As much as it must have made them sorrowfull to have to take this route, I don't see they had much choice.
Awwwwwwwww...
The ACLU is now "angering" people. I believe it is government funded and IIRC, there was talk of taking away the funding.