A Texas doctor who admitted to performing an abortion in violation of the new state law was sued Monday, marking the first case that will test the constitutionality of the most restrictive measure.
An Arkansas man filed a lawsuit against Alan Braid, a San Antonio doctor, to prove part of the new law that allows private citizens to enforce the ban on abortions performed after six weeks of pregnancy.
Braid said he practiced abortion five days after Texas law went into effect earlier this month because he believed he had “a duty to care for this patient.”
Oscar Stilley, the plaintiff behind the lawsuit, filed in Bexar County, Texas, is asking Braid to pay $ 100,000 for his violation of the Texas abortion law. It also calls for a court order preventing Braid from performing future abortions that violate state law.
San Antonio is located in Bexar County.
Stilley wrote in the complaint that Briad “consciously practiced this abortion against the clear and unmistakable deprivations of Senate Bill 8,” which went into effect earlier this month.
The bill bans abortions after the heartbeat of the fetus is protected (which can occur after six weeks of pregnancy) and allows most private citizens to file lawsuits against abortion providers if they believe which may violate the new law.
Successful lawsuits could receive up to $ 10,000.
Stilley, who is currently in jail and is serving a 12-year federal sentence for 15 years for tax evasion and conspiracy charges, according to the complaint, wrote that he called the defendant’s office Monday to ask if he would express their regret for their actions and agree not to perform additional abortions in violation of Texas law.
“The plaintiff on the morning of September 20, 2021 called the defendant’s office to ask him if the defendant would regret his ideology and his facts and pledged not to perform another abortion contrary to Texas legislative enactments in general, and the requirements of the Senate Bill 8 in particular, ”the complaint says.
The complaint states that the plaintiff “was unable to reach any such agreement despite respectful efforts.”
Braid, who began his residency in obstetrics and gynecology at a San Antonio hospital in 1972, wrote in a publication driven by The Washington Post that the previous year in the Supreme Court he handed down his decisive sentence to Roe v. Wade, who recognized abortion as a constitutional right: he saw “three teenagers die due to illegal abortions”.
“For me, it’s 1972 again,” he wrote, referring to Texas abortion law.
Stilley, in an interview with the Post after filing the complaint, said he does not personally oppose abortion, but believes the measure should be proven through a judicial review.
“If the law isn’t good, why should we go through a long process to find out if it’s garbage?” Stilley said.
He also noted the part of the law that allows up to $ 10,000 for successful claims in relation to restrictions on abortion.
“If the state of Texas decided it would give a $ 10,000 reward, why shouldn’t it get that reward?” Stilley said.
The lawsuit comes after the Supreme Court denied earlier this month an emergency request from abortion providers who asked for the law to be blocked, which dealt a blow to Democrats and advocates. ‘abortion.