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 14

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents