That's a good point (let the market decide), except when one is trying to put an end to widespread prejudice, bias, and unfair treatment.A case can create a precedent. a precedent can be followed, or not, and ultimately the issue may be framed in such a manner as to work its way up to the SCOTUS when that Court can make a decision of far ranging application having a significant impact and perhaps even triggering the later enactment of laws by a Congress that has seen the handwriting on the wall.For example:"In Cooper v. Aaron (1958), the Supreme Court ruled that the state of Arkansas could not pass legislation undermining the Court's ruling in Brown v. Board of Education (1954) that racial segregation in public schools is unconstitutional. In establishing that the states were bound by its rulings, the Supreme Court affirmed that its interpretation of the Constitution was the "supreme law of the land."In 1954, the Supreme Court, in the landmark decision Brown v. Board of Education, declared that the Fourteenth Amendment of the U.S. Constitution forbade the states from segregating students in their public schools on account of race. In a 1955 follow-up decision (Brown v. Board of Education II), the Court directed all federal district courts to monitor the states' compliance with the Brown decision. The states were ordered to integrate their schools "with all deliberate speed." Soon thereafter, the school board of Little Rock, Arkansas, developed a court-approved plan to integrate its segregated school system. However, around the same time, the Arkansas governor and legislature passed new state laws and constitutional amendments outlawing integration in the state."http://www.pbs.org/wnet/supremecourt/democracy/landmark_coop...The free market can often be effective but is not a cure all.Ken
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