The purpose of the private right to action was to get around Roe/Casey prior to the Supreme Court overruling both cases. The law was specifically designed to evade judicial review.
As a private plaintiff, you can typically sue a state official that is charged with enforcing a law in federal court on constitutional grounds. SB8 is written in such a way that state officials are barred from enforcing the law. Thus, it is effectively impossible to challenge in federal court because there is no state official that enforces the law, only private citizens, and thus there is no proper defendant.
As a private plaintiff, you can typically sue a state official that is charged with enforcing a law in federal court on constitutional grounds. SB8 is written in such a way that state officials are barred from enforcing the law. Thus, it is effectively impossible to challenge in federal court because there is no state official that enforces the law, only private citizens, and thus there is no proper defendant.