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

Sep 20, 2021, 1:03 PM | Updated: Sep 21, 2021, 10:02 am

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.

Former attorneys in Arkansas and Illinois filed separate state lawsuits Monday against Dr. Alan Braid, who in a weekend Washington Post opinion column became 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 had said it had attorneys ready to bring lawsuits. Neither ex-lawyer who filed suit said they were anti-abortion. But both said courts should weigh in.

The Texas law prohibits abortions once medical professionals can detect cardiac activity, which is usually around six weeks and before some women 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 don’t have to be from Texas and who are entitled to claim at least $10,000 in damages if successful.

Oscar Stilley, who described himself in court paperwork as a disgraced 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.

“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.

Legal experts say Braid’s admission is likely to set up another test of whether the law can stand after the Supreme 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.

Two federal lawsuits were already making their way through the courts over the law, known as Senate Bill 8. In one, filed by abortion providers and others, the Supreme Court declined to block the law from taking effect while the case makes its way through the legal system. It’s still proceeding in the 5th U.S. Circuit Court of Appeals. In the second case, the Justice Department is asking a federal judge to declare the law invalid, arguing it was enacted “in open defiance of the Constitution.”

The Center for Reproductive Rights, one of the plaintiffs in the first federal lawsuit, is representing Braid.

The center’s senior counsel, Marc Hearron, noted in a statement that the Texas law “says that ‘any person’ can sue over a violation, and we are starting to see that happen, including by out-of-state claimants.”

Braid could not immediately be reached for comment Monday. His clinic referred interview inquiries to the center.

Texas Right to Life, the state’s largest anti-abortion group, criticized both lawsuits and Braid’s opinion column.

“Neither of these lawsuits are valid attempts to save innocent human lives,” the group said. “We believe Braid published his op-ed intending to attract imprudent lawsuits, but none came from the Pro-Life movement.”

Texas Right to Life launched a website to receive tips about suspected violations, though it is currently redirecting to the group’s homepage. A spokeswoman for the group has noted that the website is mostly symbolic because anyone can report a violation and because abortion providers appeared to be complying with the law.

Republican Gov. Greg Abbott’s office did not immediately return a message seeking comment Monday.

Joanna Grossman, a law professor at Southern Methodist University in Dallas, said that if a lawsuit against Braid reaches the Texas Supreme Court, that court could decide whether the Legislature exceeded its power by allowing anyone to sue.

“The Texas Supreme Court will have the opportunity/obligation to say whether this approach — which would not be limited to abortion — is an acceptable way for the Legislature to pursue its goals,” Grossman said.

Seth Chandler, a law professor at the University of Houston, said anyone suing would “have to persuade a Texas court that they have standing” despite not having personally suffered monetary or property damages.

Braid said in the Post column that he started his obstetrics and gynecology residency at a San Antonio hospital on July 1, 1972, when abortion was “effectively illegal in Texas.” That year, he saw three teens die from illegal abortions, he wrote.

In 1973, the U.S. Supreme Court issued its Roe v. Wade ruling, which established a nationwide right to abortion at any point before a fetus can survive outside the womb, generally around 24 weeks.

“I have daughters, granddaughters and nieces,” Braid wrote. “I believe abortion is an essential part of health care. I have spent the past 50 years treating and helping patients. I can’t just sit back and watch us return to 1972.”

___

Associated Press writers Jake Bleiberg and Adam Kealoha Causey in Dallas and Andrew DeMillo in Little Rock, Arkansas, contributed to this report.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Workers of the electricity supply company DTEK maintain power lines by cutting off excess branches ...
Associated Press

Ukraine utility crews adapt, overcome after Russian strikes

KYIV, Ukraine (AP) — Over the grinding wail of a chainsaw pruning trees, Oleh Braharnyk recalls how his crew sprang into action in Kyiv a week earlier to repair power lines downed by Russian missiles and keep electricity flowing to his beleaguered fellow Ukrainians. Braharnyk, an electric company foreman, knows the stakes: Like many others […]
3 hours ago
FILE - Democracy advocate Jimmy Lai, center, leaves the Hong Kong's Court of Final Appeal in Hong K...
Associated Press

Hong Kong jails pro-democracy media tycoon over fraud

HONG KONG (AP) — A Hong Kong court sentenced a pro-democracy media tycoon to five years and nine months in prison on Saturday over two fraud charges linked to lease violations, the latest of a series of cases against prominent activists that critics say are aimed at crushing dissent in the city. Jimmy Lai, who […]
1 day ago
A man holds an Argentinian flag prior to the World Cup quarterfinal soccer match between the Nether...
Associated Press

Soccer writer Grant Wahl dies at World Cup match in Qatar

LUSAIL, Qatar (AP) — Grant Wahl, one of the most well-known soccer writers in the United States, died early Saturday while covering the World Cup match between Argentina and the Netherlands. U.S. media seated near him said Wahl fell back in his seat in the media tribune at Lusail Iconic Stadium during extra time and […]
1 day ago
FILE - Oranges rot on the ground on Oct. 12, 2022, at Roy Petteway's Citrus and Cattle Farm after t...
Associated Press

USDA: Florida orange crop down 36% after twin hurricanes

ST. PETERSBURG, Fla. (AP) — Production of oranges in Florida this season is forecast to be down 36% from earlier estimates, in part a reflection of twin hurricanes that battered growing regions, according to U.S. Agriculture Department figures released Friday. The latest forecast calls for about 18 million boxes of oranges to be produced in […]
1 day ago
FILE - A JetBlue Airbus A320 taxis to a gate on Oct. 26, 2016, after landing, as an American Airlin...
Associated Press

American, JetBlue expand deal that US is trying to kill

FORT WORTH, Texas (AP) — American Airlines and JetBlue Airways are pushing ahead with an expansion of their partnership in the Northeast, even as a federal judge considers the government’s attempt to kill the deal. The airlines said Friday that American will add six new routes from New York City while dropping one. JetBlue will […]
1 day ago
Associated Press

Uber rider fatally stabs New Orleans driver, authorities say

NEW ORLEANS (AP) — A New Orleans Police Department employee who was moonlighting as an Uber driver was stabbed to death by a passenger in what a sheriff said was a random act of deadly violence. Yolanda Dillion, 54, was a fiscal analyst with the police department, New Orleans police chief Shaun Ferguson said Friday. […]
1 day ago

Sponsored Articles

...
Day & Night Air Conditioning, Heating and Plumbing

Prep the plumbing in your home just in time for the holidays

With the holidays approaching, it's important to know when your home is in need of heating and plumbing updates before more guests start to come around.
...
Quantum Fiber

How high-speed fiber internet can improve everyday life

Quantum Fiber supplies unlimited data with speeds up to 940 mbps, enough to share 4K videos with coworkers 20 times faster than a cable.
...
Day & Night Air Conditioning, Heating and Plumbing

Ways to prevent clogged drains and what to do if you’re too late

While there are a variety of ways to prevent clogged drains, it's equally as important to know what to do when you're already too late.
Texas doctor who defied state’s new abortion ban is sued