How much time will pass before we get a SCOTUS ruling?
One of the problems with the judicial branch is that the appeals process is generally only limited by the size of one's purse.
Bottomless budgets, like governments and large corporations have at their disposal, make for quite the unlevel playing field.
Actually, appeals are relatively cheap, because all you have to do is look at the record from the court below, research a bunch of cases, and write and talk about why your client should have won.
Trials, on the other hand, are expensive and a pain in the ass. You have to do discovery--collecting millions of documents, *analyzing* millions of documents, interviewing lots of people while having at least two lawyers and a court reporter in the room, doing a bunch of motions (each basically like an appeal--look at the docs you have and research a bunch of cases and write and talk about why your client should win), and finally arguing your case in court.