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Idea of suing the judges sort of got our attention. but is there even a case or controversy in such a suit? i understand the position of the plaintiff, exactly what he or she wants. the judge is not necessarily adverse to that. the judge's role is to issue a decision. the idea of someone who's going to decide a question, that person is not automatically adverse to the person who asks the question. and that seems to me to raise a real problem under the case or controversy requirement. >> so i think there is a case or controversy. and if i could address the clerks first, that there is adversity ...

And under the principle that we're advancing, it would not allow suit against clerks to challenge most lawsuits. this is a unique law created because the state has delegated enforcement. and has taken away the normal executive officials who would enforce, and has weaponized the state court system into a tool that can be used to abrogate constitutional rights. this is a unique situation. i think the real danger is that if this court does not allow the suit, then that will provide a road map for other states to abrogate other rights that have been recognized by this court. >> thank you. >> justi...

Effect, even if an abortion provider wins a case about that abortion. they still have to continue to face suit after suit after suit, because there's no preclusive effect. it turns the provider or the abortion supporter into a permanent defendant -- >> well, council, i don't want to interrupt your answer to justice sotomayor, but just to pick up on a point that you made. and maybe you can clarify this before you finish answering her question, if you haven't finished already. isn't it the case that the texas constitution requires a plaintiff to show injury, in fact, in accordance with the same ...

Multiplied -- >> the legislature enacted a statute that said henceforth, people of a certain race may not make any public statement. and someone brings suit under that, if the judge begins to enforce that, just by entertaining the suit? >> i think -- >> even if it's certain that at the end of the case, the judge is going to say, no, this is unconstitutional statute. >> i think in certain circumstances, that even the -- in a situation like sb-8, where the point is the filing of the suit, and the point is the making you appear in courts all across the state, over and over again, making you a per...

That federal courts cannot injoin state judges. so how do you distinguish your case from the express language in ex parte young? >> your honor, the language in ex parte young that i believe you're referring to discusses and specifically allows an injunction against the commencement of the suit. and your honor, i think here, that supports an injunction against the clerks. it distinguishes between restraining the commencement of a suit versus a suit that after it has already been filed. so i think that that language actually supports relief against the clerks here. it's also premised, your honor...