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

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

SeattlePI.com

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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 said it was looking into the matter. 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 are entitled to claim at least $10,000 in damages if successful.

Oscar Stilley, who described himself in court paperwork 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, 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...

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