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It could be. The point of bringing a case like this probably isn't to win it, necessarily, but to demonstrate loyalty to dear leader. Dear Leader wants the case in order to push the Overton window. Its a can't-lose situation for the regime; they get some benefit from either judicial decision.
The mission is to flood the zone in the hopes that some of their bullshit slips through. The more of it that fails, the better. I don't think losing this ruling is a mortal blow for MAGA in any sense, but it will be better for Americans if this is one of the ones that fails.
Also just to normalize it in the American zeitgeist. Them entertaining it gives the illusion that there's some merit to the argument. In a year or two when everyone believes there's legitimate arguments on both sides of the issue due to it being an issue they keep hearing about in the news, they'll ratchet it a few steps further toward their goal.
He's not that bright. They expect everything to work, or at least he does.