I've seen mentions of bringing a Muslim prayer case before SCOTUS, or a religious basis for abortion, and other similar suggestions. They're all operating on the mistaken assumption that SCOTUS will apply equal standards to like cases.
They don't give a fuck. They have shown themselves to be more than willing to engage in wonton, blatant hypocrisy at every turn. Why would they change now?
They're willing to lie, cheat, and steal, spin, minimize, and ignore, obstruct, refuse to act, and act against voters' best interests. They're not about to let us win one by being clever.
They have packed the courts. They have gerrymandered states. They have voted time and again to let corporations rape the environment in exchange for money and power. They do not give a fuck about the rules, except insofar as they can manipulate them to their own ends.
This is not new, and they will not change unless forced.