it's an enforcer, being used as an enforcer. >> i agree with that, your honor. but your honor, here, the point is that regardless of the outcome of the case, it is the threat of filing an unlimited number of cases in counties all across the state where there is no preclusive effect, and where the state has even made it where are difficult to get an attorney, by making attorneys liable for fees for the other side's fees. >> mr. hearron -- >> all of that creates a threat -- >> keep going, i'm sorry. >> the combination of all of those factors together creates a chilling effect and that under this court's presence is an irreparable injury. >> can we talk about ex parte young a little bit. you make the point correctly, that usually, you can get preenforcement review in federal court when it's enforced, a law is enforced by a state