Page:Whole Woman's Health v. Jackson.pdf/34

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Cite as: 595 U. S. ____ (2021)
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Opinion of Roberts, C. J.

Health and Safety Code, which includes S. B. 8. See 22 Tex. Admin. Code §190.8(7) (“the Board shall take appropriate disciplinary action against a physician who violates … Chapter 171, Texas Health and Safety Code”); S. B. 8, 87th Leg., Reg. Sess. (2021) (amending Chapter 171 of the Texas Health and Safety Code by adding Subchapter H). Under Texas law, then, the Attorney General maintains authority to “take enforcement actions” based on violations of S. B. 8. Ante, at 12. He accordingly also falls within the scope of Young’s exception to sovereign immunity. Ante, at 9–10.

The same goes for Penny Clarkston, a court clerk. Court clerks, of course, do not “usually” enforce a State’s laws. Ante, at 5. But by design, the mere threat of even unsuccessful suits brought under S. B. 8 chills constitutionally protected conduct, given the peculiar rules that the State has imposed. Under these circumstances, the court clerks who issue citations and docket S. B. 8 cases are unavoidably enlisted in the scheme to enforce S. B. 8’s unconstitutional provisions, and thus are sufficiently “connect[ed]” to such enforcement to be proper defendants. Young, 209 U. S., at 157. The role that clerks play with respect to S. B. 8 is distinct from that of the judges. Judges are in no sense adverse to the parties subject to the burdens of S. B. 8. But as a practical matter clerks are—to the extent they “set[] in motion the machinery” that imposes these burdens on those sued under S. B. 8. Sniadach v. Family Finance Corp. of Bay View, 395 U. S. 337, 338 (1969).

The majority contends that this conclusion cannot be reconciled with Young, pointing to language in Young that suggests it would be improper to enjoin courts from exercising jurisdiction over cases. Ante, at 7–8; Young, 209 U. S., at 163. Decisions after Young, however, recognize that suits to enjoin state court proceedings may be proper. See Mitchum v. Foster, 407 U. S. 225, 243 (1972); see also Pulliam v. Allen, 466 U. S. 522, 525 (1984). And this conclusion is consistent with the entire thrust of Young itself. Just as