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Texas doctor who defied state's new abortion ban is sued

Two people are suing a Texas doctor days after he wrote in an op-ed that he performed an abortion in defiance of the state's near-total ban on the procedure. The plaintiffs are seeking to test the legality of the new ban.

9/21/2021 1:45:00 AM

Two people are suing a Texas doctor days after he wrote in an op-ed that he performed an abortion in defiance of the state's near-total ban on the procedure. The plaintiffs are seeking to test the legality of the new ban.

DALLAS (AP) — A San Antonio doctor who said he performed an abortion in defiance of a new Texas law all but dared supporters of the state's near-total ban on the procedure to try making an early example of him by filing a lawsuit — and by Monday, two people obliged.

DALLAS (AP) — A San Antonio doctor who said he performed an abortion in defiance of a new Texas law all but dared supporters of the state’s near-total ban on the procedure to try making an early example of him by filing a lawsuit — and by Monday, two people obliged.

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Former attorneys in Arkansas and Illinois filed separate state lawsuits Monday against Dr. Alan Braid, who in a weekendWashington Post opinion columnbecame the first Texas abortion provider to publicly reveal he violated the law that took effect on Sept. 1.

They both came in ahead of the state’s largest anti-abortion group, which said it was looking into the matter. Neither ex-lawyer who filed suit said they were anti-abortion. But both said courts should weigh in.ADVERTISEMENTThe Texas law prohibits abortions once medical professionals can detect cardiac activity, which is usually around six weeks and before some women headtopics.com

even know they are pregnant.Prosecutors cannot take criminal action against Braid, because the law explicitly forbids that. The only way the ban can be enforced is through lawsuits brought by private citizens, who are entitled to claim at least $10,000 in damages if successful.

Oscar Stilley, who described himself in court paperwork as a former lawyer who lost his law license after being convicted of tax fraud in 2010, said he is not opposed to abortion but sued to force a court review of Texas’ anti-abortion law, which he called an “end-run.”

“I don’t want doctors out there nervous and sitting there and quaking in their boots and saying, ‘I can’t do this because if this thing works out, then I’m going to be bankrupt,’” Stilley, of Cedarville, Arkansas, near the Oklahoma border, told The Associated Press.

Felipe N. Gomez, of Chicago, asked a court in San Antonio in his lawsuit to declare the new law unconstitutional. In his view, the law is a form of government overreach. He said his lawsuit is a way to hold the Republicans who run Texas accountable, adding that their lax response to public health during the COVID-19 pandemic conflicts with their crack down on abortion rights. headtopics.com

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“If Republicans are going to say nobody can tell you to get a shot they shouldn’t tell women what to do with their bodies either,” Gomez said. “I think they should be consistent.”Gomez said he wasn’t aware he could claim up to $10,000 in damages if he won his lawsuit. If he received money, Gomez said, he would likely donate it to an abortion rights group or to the patients of the doctor he sued.

ADVERTISEMENTLegal experts say Braid’s admission is likely to set up another test of whether the law can stand after theSupreme Court allowed it to take effect.“Being sued puts him in a position … that he will be able to defend the action against him by saying the law is unconstitutional,” said Carol Sanger, a law professor at Columbia University in New York City.

Braid wrote that on Sept. 6, he provided an abortion to a woman who was still in her first trimester but beyond the state’s new limit.“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,” Braid wrote.

Read more: The Associated Press »

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And we'll all be finding out pretty quick if Amy Coney Barrett and the Supremes are, in her words, 'a bunch of partisan political hacks'.... I'm so over Texas! StaciSpeaks My guess is the defendants are seeking to test the ban, but I could be wrong. And here we go! Jesus loves abortion 😇 Good doctor, performing his duty to his fellow humans in the face of persecution.

Abortion should never be a political issue, but their should be a provision a cutoff date, it shouldn't be used as a means of birth control! That's just my opinion having worked with pregnant women for over 20 years! If you want to regulate, mandate vasectomies for deadbeat dads! JonLemire Who knew this would happen.

Dr_Nifkin This you?

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Texas Doctor Says He Defied State Law by Performing AbortionA Texas antiabortion group says it's looking into a doctor's claim that he defied the state law that recently took effect by performing an abortion on a woman past the sixth week of her pregnancy Someone needed to make a case so it could be challenged. Predictable. What you going to do arrest the Doctor to gets vote. Pretty sure womens in your family are exempt and have all medical facilities. Its the poor women going to suffer. $10k bounty coming

Texas doctor says he violated the state's new abortion lawA Texas doctor reveals he performed an abortion in violation of the state’s new law that bans most abortions after 6 weeks of pregnancy, arguing he “had a duty of care to this patient” and she had a “fundamental right” to an abortion. let´s collect money for his lawyer... Hero. Absolutely proud. He took his oath seriously. A hero

Ripples from Texas abortion law spread to Illinois safe havenAn Illinois clinic, emblematic of a state that has deemed itself a safe haven for abortion care, is feeling the reverberations of the Texas abortion law in the form of dozens of women forced to travel hundreds of miles just to secure an appointment. Remember, in Texas a woman can be raped at gunpoint and could be forced to bear the child and furthermore, the rapist could sue the woman for visitation afterwards. Outrageous! America is not, by any means…The home of the free. It is the home of assorted groups trying to tell people what to do.

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