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A doctor in the United States performed an abortion ignoring the new Texas law. After publicly admitting that he had violated the new law over the weekend, he was faced with two lawsuits.
Former lawyers in Arkansas and Illinois filed separate lawsuits against Dr. Allen Brad on Monday. Dr. Allen Brad became the first abortion provider in Texas in the Washington Post comment column on the weekend, publicly disclosed since Texas law goes into effect September 1.
Dr. Brad of San Antonio is almost a supporter of the state’s almost total ban on the procedure, trying to set an early example for him by filing a lawsuit.
“I fully understand that this may have legal consequences-but I want to make sure that Texas does not get lucky to prevent this blatantly unconstitutional law from being tested,” Brad wrote.
Two sets Question validity Texas law and may establish a test whether the law can gain a foothold after the Supreme Court of the United States Allow it to take effectIn 1973, the U.S. Supreme Court ruled in Roe v. Wade that women across the country have the right to abortion. Anti-abortion activists are trying to overturn this ruling through the laws of Texas, Missouri, Mississippi and other states.
New Texas law prohibits abortion after a medical professional can detect cardiac activity, which is usually about six weeks or so, and before some women know they are pregnant.
Prosecutors cannot take criminal action against Braid because Texas law expressly prohibits doing so. The ban is enforced through a lawsuit filed by ordinary citizens. They do not have to be from Texas. If successful, they are entitled to at least $10,000 in damages.
The lawsuits were filed by Oscar Steley of Cedarville, Arkansas, and Philip Gomez of Chicago, Illinois.
Oscar Steely claimed in court documents that he was a disgraceful former lawyer who lost his lawyer’s license after being convicted of tax fraud in 2010. He said he did not object to abortion, but the lawsuit requires the court to deal with the state of Texas. The anti-abortion law was reviewed, which he called “final run.”
“I don’t want the doctors to sit there nervously, wearing boots and shaking and saying,’I can’t do this because if this thing succeeds, then I will go bankrupt,'” Steely told the Associated Press.
Felipe Gomez asked a court in San Antonio to declare the new law unconstitutional.
In Gomez’s view, the law is a form of government ultra vires. He said that his lawsuit was a way to hold Republicans who administer Texas accountable, adding that their lax response to public health during the COVID-19 pandemic was in line with their suppression of abortion rights. conflict.
“If Republicans are to say that no one can tell you to get a shot, they shouldn’t tell women what to do with their bodies,” Gomez said. “I think they should be consistent.”
Gomez said that he didn’t know if he won the lawsuit, he could demand up to $10,000 in damages. Gomez said that if he receives the money, he may donate the money to patients of abortion rights organizations or the doctors he sued.
The two lawsuits against Braid both occurred before the lawsuit expected by the largest anti-abortion organization in Texas, the organization said it was ready to file a lawsuit.
The Federal Court of Appeals is considering whether Missouri can implement comprehensive restrictions on abortion. [File: Jeff Roberson/AP Photo]Carol Sanger, a law professor at Columbia University in New York City, said: “He will be able to defend actions against him by saying that the law is unconstitutional.”
Brad wrote in the Washington Post that on September 6, he provided abortion services to a woman who was still in the first trimester of pregnancy but had exceeded the state’s new restrictions.
Two federal lawsuits concerning Texas law have passed the courts.
In a lawsuit filed by abortion providers and others, the Supreme Court refused to prevent the law from taking effect when the case passed the legal system. It is still pending in the U.S. Court of Appeals for the Fifth Circuit. In the second case, U.S. Department of Justice A federal judge is required to declare the law invalid.
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