Through legislation. The court doesn’t have the authority to strike down a law simply because the people don’t like it (“no longer serves the public interest”). That’s for the legislators to do.
There's a bit of disagreement on that. I'm an author. Copyright allows me to make a living writing. The law may have issues, but my copyrights do not stop anyone else from writing their own books or creating whatever they want.
Unfortunately, the standard model for paying for book writing by selling copies to all readers is at odds with your conception of what a just world might be.
I've seen communism. I've seen wacko central power systems. To me, copyright is not corrupt and more just than the other systems.
But you're free to weigh in and explain out you would do it in a more just way.
The EFF could be just trying to limit the damage. Indeed, the article mainly focuses on CDL and not the unlimited lending of the NEL. Even a partial victory could protect the right to digitize old books not out of copyright.
Don’t ask for money to fight a legal battle where you are so obviously in the (legal) wrong.