Your mistake is thinking that you should wait until you have a silver bullet case.

That's not how this works. The court system is not Sniper Elite. It's Dark Souls.

You just aren't aware of the hundreds of cases that are blasted at the courts every year on guns and abortion with the aim of getting a couple that actually sink in.

That is what it takes to effect change through the courts. Using infinite funding to put a continuous stream of cases in to the courts until you get a good one.