Say you are a citizen plaintiff, suing civilly the U.S. Gov't. No matter what level of court, if beyond all likelihood you manage to win, that is your victory, and you leave happy. Only if you lose might you need to reframe your dispute and try again. The Government is not normally in the business of countersuing as it is bad publicity and of no payout. Thus there is little justification in initially seeking to overreach the level of court that will hear your case except to garner headlines.