Texas new abortion law to be tested in court as doctor is sued for deliberately violating it
A doctor in Texas is being sued
for deliberately violating the state's new abortion law. The doctor claimed he did this to test the new law's legality in the courts.
The physician in question is Alan Braid, an obstetrician-gynecologist in San Antonio. On Saturday,
The Washington Post gave the lawbreaker a platform
to explain his actions by publishing an essay he wrote.
In the article, Braid admitted that he broke the new controversial Texas law which bans abortions once medical professionals can detect
the rhythmic contracting of fetal cardiac tissue, usually around six weeks of pregnancy. (Related:
Satanists admit that legalized abortion is how they perform ritual child sacrifices at the Satanic Temple.)
Texas's new abortion law prohibits prosecutors from taking criminal action against Braid and other doctors that violate the law. Instead, the law can only be enforced through lawsuits brought forward by private citizens. If the lawsuit is successful, the private citizens are entitled to claim at least $10,000 in damages.
In the article, Braid said he understands "there could be legal consequences" because of his action.
"But I wanted to make sure that Texas didn't get away with its bid to prevent blatantly unconstitutional law from being tested," he said. "I understand that by providing an abortion beyond the new legal limit, I am taking a personal risk, but it's something I believe in strongly."
Braid sued by pro-abortion advocates who want courts to overturn new law
On Monday, two private citizens who are not even from Texas, filed separate lawsuits against Braid.
Oscar Stilley, of Cedarville, Arkansas, filed a civil complaint against Braid in a Texas district court. Stilley explained that he is not opposed to abortion. But he sued Braid
to force a court review of Texas' abortion law, which he called an "end-run."
"The doctor is going to get sued," said Stilley. "Someone is going to get $10,000 off him. If that's the law, I may as well get the money. If it's not the law, let's go to court and get it sorted out."
"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,'" he added.
In an interview with
Reuters, Stilley added that he believes the new abortion restrictions violate the constitutional rights of women in the state.
"I think it's a decision between her and her doctor," he said.
It should be noted that Stilley is a disbarred lawyer. He lost his license in 2010 after a conviction of tax evasion and conspiracy. He is currently on home confinement serving the 12th year of a 15-year sentence.
The second lawsuit against Braid was filed by Felipe N. Gomez, a resident of Chicago. He described himself in his filing as a "pro-choice plaintiff." He believes the pro-life law is a form of government overreach, and he wants to hold Texas Republicans accountable.
He believes the Texas GOP is hypocritical because it has taken a stand against forcing people to wear masks or take Wuhan coronavirus (COVID-19) vaccines, but it will not defend the right of women to kill their unborn babies.
"I'm against having someone tell me I have to get a shot or wear a mask and the same people who agree with me on that – the GOP – tell people what they can do with their bodies on the other hand," he said. "It's inconsistent."
"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," he added. "I think they should be consistent."
Gomez claimed he was not aware he could receive up to $10,000 in damages if his lawsuit succeeds. He added that if his lawsuit succeeds he will probably donate the money to Braid's patients or an abortion rights organization.
Stilley and Gomez's lawsuits are currently the most direct tests of the legality of
Texas's abortion law. It remains to be seen how the courts will react, but Texas Attorney General Ken Paxton and many other Republicans in the state and outside have vowed to defend the new law.
Sources include:
FoxNews.com
Politico.com
Reuters.com
WSJ.com