There are a lot of things we now take for granted as given rights that were not so when the first case was brought (Jim Crow laws, Voting poll taxes, etc). These got changed by lawsuits being filed which, at the time they were filed, were sure loser cases. In fact, these cases did lose in the lower courts and only won on appeal usually to the US Supreme Court. What is the impact of a loser pays provision for these kinds of cases?