Precedent for federal cases is typically first set at the appellate level. If you're working your activism through the courts, you usually have to lose before you can win.
Which Supreme Courts have been friendly to fair use and opposed copyright expansionist arguments?
https://en.m.wikipedia.org/wiki/Disney_v._VidAngel#:~:text=J...
I'm sure someone will reply to tell us how it's not really that similar but I thought there were some parallels