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Appropriate defendants under well-established article iii inequitable principles. second, the petitioner has asked for an expansion of access to the federal courts that only congress and not this court may provide. petitioner's article iii inequitable problems, again, with what they really want, an injunction against sb-8, the law itself. they can't receive that, because federal courts don't issue injunctions against laws, but against officials enforcing laws. no texas executive official enforces sb-8 either, and so no texas executive official may be injoined. petitioners then turned to state ...

And under the system, it is only by undertaking the prohibited conduct that you can get into federal court. >> well, your honor, individuals, again, to the extent that we're dealing with the sorts of very high-stakes, prohibited conduct, fines, sanctions, et cetera -- i might add, -- damages action is capped at less than that. >> it might. my question is what we call a hypothetical. >> of course, mr. chief justice, but nonetheless, an individual facing extreme sanctions still nonetheless often has to go through state court systems to vindicate their federal rights. individuals are charged with...

Injunction hearing, texas -- the lawyer for the state told the district court that texas law is quite different from federal law on the question of how standing and private interests versus public interests work. they said that at page 49 of the transcript, of the preliminary injunction hearing. >> had the texas supreme court law said that they followed the same standard as the federal court. haven't they said that? >> texas courts are not bound to follow this court's pregnancy on article 3. they're not bound -- >> of course, they're not. but they are bound to follow the state supreme court, a...

We've been listening to oral arguments before the supreme court as it takes up two cases stemming from the abortion law. i want to bring back neil and barbara and tolly, own joshua. and barbara, let me start with you. what is it that you have impleened from this hour and 15 minutes that we've had this extraordinary opportunity to listen in on this case? >> well, the thing that seems tigt to me, if not extraordinary, is the open skepticism, if not downright hostility we've seen by justices kavanaugh and barrett. and with those two votes, we could see a successful challenge to sb-8. it was justi...

They're essential to your argument, right? you agree that it would be adequate to have federal court review at the end of the state process, but for the chilling effect that you're talking about, right? >> i think -- not in the way that sb-8 is structured. i mean, if there is review from this court, holding that the law is unconstitutional, that would be adequate, but i think there are a number of -- >> the review at the end of the day, right? when we have a final judgment from the state judiciary? >> but there are a number of reasons that that is unlikely to happen. first of all, if you win i...