I dunno...
"Your honor, the plaintiff is only filing because he wants the law overturned! I demand that this suit to which I am not a direct party be thrown out of court!"
^^;;
So long as the plaintiff's lawyers actually argued their case in a competent manner (i.e. tried to win to the best of their ability), I don't think that there would be a legal issue.
The reason I mentioned the Scopes case is because it's the best known case created along these lines. From what I've heard, everyone involved with both the plaintiffs and the defense (including apparently even William Jennings Bryan) was pretty confident that the case would get the law overturned, but that didn't stop either side from arguing the case to the best of their ability.
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