Roberts is quite right in politely pointing out to Senator Leahy that its Congress’s own darn fault that it has punted the issue of who should have the right to sue in court for various statutory violations. It’s also significant that, in Gwinnett v. Franklin County, the brief for the United States was drafted by the Justice Department’s Civil Division, not its Civil Rights Division-underscoring that the government’s focus was on the potential proliferation of private lawsuits and their undermining of the federal government’s own programs.