2 disbarred attorneys outside Texas sue abortion doctor under SB8

The suits could be 'vehicles' for a constitutional test of Texas' abortion ban.

9/22/2021 1:17:00 AM

The suits could be 'vehicles' for a constitutional test of Texas' abortion ban.

The first attempt to enforce Texas' ban on nearly all abortions have come from two non-Texans -- both former lawyers disbarred for alleged misconduct.

"In some ways the identity of these first plaintiffs highlights the absurdity of the law," said Kate Shaw, Cardozo School of Law professor and ABC News legal contributor."No connection to the issue, no connection to the parties, no connection -- as far as we can tell from the complaints -- to Texas, at all. And yet, they may well have the ability, the way the law is drafted, to go to court and to have the courts actually hear their case," she continued.

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Jordan Vonderhaar/Getty ImagesAbortion rights activists rally at the Texas State Capitol on Sept. 11, 2021, in Austin, Texas. Texas lawmakers recently passed several pieces of conservative legislation, including SB8, which prohibits abortions in Texas after a fetal heartbeat is detected on an ultrasound, usually between the fifth and sixth weeks of pregnancy.

Gomez is a self-described"pro choice plaintiff," according to the two-page complaint obtained byABC affiliate KSAT, and explicitly asked the court to strike the law, SB8, down.SB8 prohibits abortions after about 6 weeks of pregnancy in Texas and allows"any person, other than an officer or employee of state or local government," to bring a civil suit against someone believed to have"aided or abetted" an unlawful abortion. headtopics.com

"The statute says that anybody can file a suit. That doesn't mean that there's not some state constitutional limitation on who could file a suit," said Irving Gornstein, executive director of the Supreme Court Institute at Georgetown Law Center,"but this person seems to be somebody who has no objection to abortions, he just wants to earn a bounty."

Stilley, who is seeking to claim a minimum $10,000 reward, and Gomez, who says he is not seeking any financial damages, both sued Dr. Alan Braid, an OB-GYN based in San Antonio, who publicly acknowledged in an op-ed on Sept. 6 that he had performed a first-trimester abortion in express violation of state law.

"I acted because I had a duty of care to this patient, as I do for all patients, and because she has a fundamental right to receive this care,"."I fully understood that there could be legal consequences -- but I wanted to make sure that Texas didn't get away with its bid to prevent this blatantly unconstitutional law from being tested."

Read more: ABC News »

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Is there an unlimited number of times a person can be sued under this bill? Could a person indefinitely be sued by different people for the same thing and if found for the plaintiffs at trial keep having to pay $10k? or it could be a way for two disbarred attorneys to scrape together some rent money So anti abortion groups actually think Billy and Maggie not gonna sue the pants off a doctor, even if it’s their mama?🤷🏽‍♀️

If you are disbarred, can you file a suit? The two barred attorneys are not God. Money fraud attorney's have no voice on the Dr.

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