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Be sort of a private attorneys general? and if the attorney general or other state official don't enforce the law, would it be that unusual to consider them as acting in concert with the state to enforce a state-preferred policy? >> two points, your honor. first, everybody tort action, undoubtedly advances a state-preferred policy. if reason why they're not acting in concert with or cannot be called -- >> but usually when you think of traditional torts, there is a duty, there's an injury to the individual. it's a private matter. there is no requirement here that there be an injury to the plain...

Rights into a mechanism for nullifying them. as respondentdixon said, no rational abortion provider would violate this law. while clerk courts are not ordinarily proper defendants, in these circumstances, the principles underlying ex parte young authorize federal court release against clerks. their docketing of sb-8 suits, which is critical to effectuate texas's illegal scheme, inflicts article 3 injury and fact, and is redressable by an order barring such docketing. sb-8 is an abortion provision, but the issues before this court are far more sweeping. to allow texas' scheme to stand would pro...

Appeal, there's no real reason for you to seek relief in the supreme court, is there? >> but in the normal case, if you win that case, if you win, then you don't have to continue litigating that. here, sb-8 says there is no preclusive effect. >> you're getting back to the argument that there is a chilling effect. i'm asking for your position in the absence of that. if it's just a regular type of case, surely it's adequate to have federal review at the end of the state court process? >> in the normal case, you are correct, i agree with that. in a normal tort lawsuit, that is adequate. it is the...

This sb-8 is structured that the chilling effect is the very multiplicity of lawsuits that are threatened against you? >> yes, your honor. that's exactly right. it's the fact -- there's a combination of various ways that the state has created special rules, applicable only to sb-8 to make state courts a tool that can be used to nullify constitutional rights that have been recognized by this court. and i think there are four essential components of sb-8 that the legislature created. first, it allows anyone to enforce, regardless of any injury. second, it allows those suits to be brought anywher...

Commencement or the docketing of lawsuits against the clerks -- across the state of texas, as well as injunctive relief against the state executive officials for their riddle authority to enforce sb-8. >> i mean, suppose, i think, i mean, tell me if i'm wrong on this, that just the procedural morass we've got ourselves into with this extremely unusual law, is that we would really be telling the fifth circuit, again, if your prevailed, that the district court had to be allowed to continue with its preliminary injunction ruling. is that correct? is that what we would be doing? >> i think technic...