Texas doctor who violated state's abortion ban is sued, launching first test of constitutionality
Last edited Mon Sep 20, 2021, 07:11 PM - Edit history (2)
Source: Washington Post
A lawsuit that could test the constitutionality of the nation's most restrictive abortion ban was filed in Texas Monday against a doctor who admitted to performing an abortion considered illegal under the new law. The details of the civil suit against Alan Braid, a physician in San Antonio, are as unusual as the law itself, which empowers private citizens to enforce the ban on abortion once cardiac activity has been detected -- often as early as six weeks into pregnancy.
Braid stepped forward last week to say that he provided an abortion to a woman who was in the early stages of pregnancy, but beyond the state's limit. Despite the risks, Braid said he acted because of his duty as a doctor 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," he wrote in a column in The Washington Post.
On Monday, an Arkansas man said he decided to file a lawsuit to test the constitutionality of the Texas measure after reading a news report about Braid's declaration. Oscar Stilley, a former lawyer convicted of tax fraud in 2010, said he is not personally opposed to abortion, but believes that the measure should be subject to judicial review.
"If the law is no good, why should we have to go through a long, drawn-out process to find out if it's garbage?" Stilley said in an interview after filing the complaint in state court in Bexar County, Tex., which includes San Antonio. He also noted that a successful lawsuit could result in an award in court of at least $10,000 for the plaintiff.
Read more: https://www.washingtonpost.com/politics/courts_law/texas-abortion-doctor-sued/2021/09/20/f5ab5c56-1a1c-11ec-bcb8-0cb135811007_story.html
Here we go.
Here is a link to the suit that was filed (PDF) - https://bustingthefeds.com/wp-content/uploads/2021/09/1_ComplaintVBraid.pdf
NYT is reporting that a 2nd suit was filed by an IL man and referenced the story from this article - https://www.ksat.com/news/local/2021/09/20/san-antonio-doctor-who-openly-flouted-texas-abortion-ban-sued-by-disbarred-illinois-lawyer/
Copy of the 2nd lawsuit is here (PDF) - https://www.scribd.com/document/526485226/2021ci19920#download&from_embed
By J. David Goodman
Sept. 20, 2021, 6:58 p.m. ET
HOUSTON — A man in Arkansas and another in Illinois on Monday filed what appeared to be the first legal actions under a strict new abortion law in Texas that is enforced by ordinary citizens, regardless of where they live. The Arkansas man, Oscar Stilley, who was described in the complaint as a “disbarred and disgraced” lawyer, said in an interview that he had filed the lawsuit against a Texas doctor, who publicly wrote about performing an abortion, to test the provisions of the law. The Supreme Court declined to stop the law, which has effectively ended most abortions in the state since going into effect this month.
The law bars enforcement by state officials, a novel maneuver aimed at circumventing judicial review, and instead relies on citizens to file legal claims against abortion providers or anyone suspected of “aiding or abetting” an abortion. Successful suits can bring the plaintiffs awards of at least $10,000. Proponents of the law and anti-abortion activists had been satisfied that the threat of legal action appeared to stop most abortions in Texas. Some feared that the openness of the law — allowing anyone to file suit — could result in a first test case that was unfavorable to their cause.
Mr. Stilley said he was not trying to halt abortions by Dr. Alan Braid, a San Antonio physician who wrote in The Washington Post on Saturday that he had violated the Texas law — which prohibits abortions after cardiac activity is detected, or roughly six weeks into pregnancy. “I’m not pro-life,” Mr. Stilley, 58, said in an interview. “The thing that I’m trying to vindicate here is the law. We pride ourselves on being a nation of laws. What’s the law?”
(snip)
Dr. Braid was also sued on Monday by an Illinois man, Felipe N. Gomez, who described himself in his complaint as a “pro-choice plaintiff.” Mr. Gomez could not be immediately reached for comment about his lawsuit, which was earlier reported by KSAT news in San Antonio. Both suits were filed in state court in San Antonio and both men are representing themselves. “Neither of these lawsuits are valid attempts to save innocent human lives,” said John Seago, legislative director for Texas Right to Life, the state’s largest anti-abortion group, which lobbied for the new abortion law. “Both cases are self-serving legal stunts, abusing the cause of action created in the Texas Heartbeat Act for their own purposes.”
https://www.nytimes.com/2021/09/20/us/texas-abortion-lawsuit-alan-braid.html
= new reply since forum marked as read
The Lt. Governor here in PA is STILL waiting for his $1 million "reward" from the Texas Lt. Governor and continues to troll him. 
Link to tweet
TEXT
@JohnFetterman
·
Jul 15, 2021
Still like
GIF
Aaron Rupar
@atrupar
Texas Lt. Gov. Dan Patrick says that when TX Democrats arrive back in the state, "they'll be arrested and brought to the Capitol and we will pass these bills"
Embedded video
John Fetterman
@JohnFetterman
So far, that’s a NO.
We got your voter fraud, so where’s PA’s handsome reward??
Is Texas' Dan Patrick prepared to part with his $1 million reward?
Texas' Dan Patrick (R) offered financial rewards for evidence of voter fraud. Then Pennsylvania's John Fetterman (D) came calling.
msnbc.com
9:34 AM · Jul 15, 2021 from Bedford, PA
So the odds of TX paying the $10,000 to people who file suit is probably zero to none.
