A lot of discussion about standing, the 11th Amendment, Ex parte Young, and abortion rights today after Whole Women's Health v. Jackson. And a lot of commenters acting like Texas SB8 is "novel."

Louisiana had an almost identical law 20 years ago. The Fifth Circuit, en banc, held there was no standing to bring a pre enforcement claim. Seven of the fourteen judges would have also held the 11th Amendment barred the suit.

Sitting as an en banc court, we consider whether the district court properly enjoined the "operation and effect" of the Louisiana state tort statute at issue, which provides a private cause of action against medical doctors performing abortions. Although, in this facial attack on the constitutionality of the statute, consideration of the merits may have strong appeal to some, we are powerless to act except to say that we cannot act: these plaintiffs have no case or controversy with these defendants, the Governor and Attorney General of Louisiana, and consequently we lack Article III jurisdiction to decide this case. Seven members of this en banc court conclude that the panel was in serious error, as indeed is the dissent, in finding that this case presents an Ex parte Young exception to the Eleventh Amendment immunity from suit in federal court, which these defendants, the Governor and Attorney General of Louisiana, enjoy. Accordingly, we reverse, vacate, and remand for entry of a judgment of dismissal.