Page:Whole Woman's Health v. Jackson.pdf/26

Rh Act of 1789, §11, 1 Stat. 78. As we have explained elsewhere, a federal court’s jurisdiction in equity extends no further than “the jurisdiction in equity exercised by the High Court of Chancery in England at the time of the adoption of the Constitution and the enactment of the original Judiciary Act.” Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc., 527 U. S. 308, 318 (1999) (internal quotation marks omitted). For this reason, a negative injunction must fall “within some clear ground of equity jurisdiction.” Boise Artesian Hot & Cold Water Co. v. Boise City, 213 U. S. 276, 285 (1909); see also Missouri v. Jenkins, 515 U. S. 70, 127 (1995) (, concurring) (“[C]ourts of equity must be governed by rules and precedents no less than the courts of law”). Federal courts therefore lack “power to create remedies previously unknown to equity jurisprudence.” Grupo Mexicano, 527 U. S., at 332.

The principal opinion “agree[s] with all of these principles.” Ante, at 12. I part ways with the principal opinion only in its conclusion that the four licensing-official respondents are appropriate defendants under Ex parte Young. For at least two reasons, they are not.

First, an Ex parte Young defendant must have “some connection with the enforcement of the act”—i.e., “the right and the power to enforce” the “act alleged to be unconstitutional.” 209 U. S., at 157, 161. The only “act alleged to be unconstitutional” here is S. B. 8. And that statute explicitly denies enforcement authority to any governmental official. On this point, the Act is at least triply clear. The statute begins: “Notwithstanding … any other law, the requirements of this subchapter shall be enforced exclusively through … private civil actions.” Tex. Health & Safety Code Ann. §171.207(a) (West Cum. Supp. 2021) (emphasis added). The Act continues: “No enforcement of this subchapter … in response to violations of this subchapter, may be taken or threatened by this state … or an executive or administrative officer or employee of this state.” Ibid.