” ...having been shot down already at two levels what chance do you think it has of being taken up?”
You might ask the New Haven firemen about that, and how agenda-driven judges populating various levels of the judiciary (think Sonja Sotomayer) can affect those lower level decisions.
The Court takes only @ 50 cases a year out of 6000+ petitions, so any case brought to it is fighting severe odds. HOWEVER, virtually every case brought there is brought because it has been shot down at two lower level courts.
The difference being that the New Haven firemen had their case heard and verdicts delivered by the court at several different levels before reaching the Supreme Court. There were cases to review. Hollister v. Soetoro was dismissed as frivilous at the first level, that dismissal was upheld at the next level, and the idea that the Supreme Court will pick it up after that and decide it shouldn't have been dismissed in the first place is ridiculous.