I would say yes, because it's the nature of the system. What makes the court challenges program unsuccessful is that in theory it's a good idea if you can fund groups across an ideological spectrum and fund them equally. In theory it works; however, human nature being what it is, and politics being what it is, the unfortunate reality is that you can't create a court challenges program and fund it equitably.
On June 12th, 2007. See this statement in context.