Politico

Texas doctor sued after saying he defied state’s new abortion law


DALLAS — A San Antonio doctor who said he performed an abortion in defiance of a new Texas law has been sued by two people seeking to test the legality of the state’s near-total ban on the procedure.

Former attorneys in Arkansas and Illinois filed 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.

Under the law, the restriction can only be enforced through private lawsuits.

Oscar Stilley, who described himself 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, told The Associated Press.

The 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 are entitled to claim at least $10,000 in damages if successful.

Legal experts had said Braid’s admission was 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.

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