He wouldn't be saying to sue the policymakers, he's be saying to have the policymakers change the policy. But with that in mind my understanding of the courts

He wouldn't be saying to sue the policymakers, he's be saying to have the policymakers change the policy. But with that in mind my understanding of the courts is that they try to stay away from "judicial activism", and if they can't do that they try to limit it to tearing down bad laws instead of forming up new ones, as would have to be done here to find the defendants liable.