Case: 20-50407
Document: 00515441096
Page: 14
Date Filed: 06/04/2020
No. 20-50407
connection is absent and our Young analysis ends.” Abbott, 956 F.3d at 709
(quotation marks omitted).
Moreover, a mere connection to a law’s enforcement is not sufficient—
the state officials must have taken some step to enforce. But how big a step?
Again, the line evades precision. One panel observed that “‘[e]nforcement’ typically involves compulsion or constraint.” K.P., 627 F.3d at 124. Another
defined it as “a demonstrated willingness to exercise” one’s enforcement duty.
Morris, 739 F.3d at 746. But the bare minimum appears to be “some scintilla”
of affirmative action by the state official. Austin, 943 F.3d at 1002.
Finally, there is “significant overlap” between our standing and Young
analyses. Air Evac, 851 F.3d at 520. “[I]t may be the case that an official’s
connection to enforcement is satisfied when standing has been established,”
because if an “official can act, and there’s a significant possibility that he or
she will . . . , the official has engaged in enough compulsion or constraint to
apply the Young exception.” Austin, 943 F.3d at 1002 (emphasis added) (quotation marks and alteration omitted).
b.
The state officials assert that, for three reasons, Young is not satisfied:
(1) The district court lacked jurisdiction to order the state officials to comply
with state law; (2) because none of the state officials “enforces the mail-in ballot
rules,” they lack the “requisite connection” to be sued; and (3) General Paxton’s
statements do not constitute threats of enforcement sufficient to invoke Young.
None of those notions is likely to carry the day.
The pleadings belie the state officials’ first contention. The complaint
seeks to prevent the enforcement of provisions of the Texas Election Code that
the plaintiffs believe violate the Constitution. The plaintiffs are not hoping to
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