He knows that a legislative branch approach will fail without making any waves what-so-ever. That's very obvious. Too many members of Congress are openly fascist in their beliefs when it comes to supporting the police state (eg Lindsey Graham and Dianne Feinstein).

The judicial branch approach is meant to spur action and interest on the part of citizens. It's meant to create waves. He's intentionally looking to bypass the legislative branch because the outcome there is already known.