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Nevilledog

(51,166 posts)
Mon Sep 20, 2021, 06:12 PM Sep 2021

First suit under SB 8 (Abortion Bounties) filed in Texas against Dr. Braid.



Tweet text:
Steve Vladeck
@steve_vladeck
·
Sep 20, 2021
Dr. Braid is going to win—either because Stilley doesn’t have standing or because SB8 is unconstitutional under Casey.

The problem is that his victory won’t bind anybody else, and won’t prevent other plaintiffs from bringing the same claims over and over again. That’s by design.

David L. Noll
@davidlnoll
First suit under SB 8 filed
https://wapo.st/3Cs1lpW
Image

Steve Vladeck
@steve_vladeck
That’s why the real key here is relief that bars suits to enforce SB8 from even being brought — whether by blocking the plaintiffs from bringing them or by blocking the courts from filing them.

That’s the real ballgame here, and why the DOJ lawsuit is going to be so important.
2:50 PM · Sep 20, 2021



Texas doctor who violated state’s abortion ban is sued, launching potential first test of constitutionality

https://www.washingtonpost.com/s/politics/courts_law/texas-abortion-doctor-sued/2021/09/20/f5ab5c56-1a1c-11ec-bcb8-0cb135811007_story.html

A lawsuit that could test the constitutionality of the nation’s most restrictive abortion ban was filed in Texas Monday against a doctor who admitted to performing an abortion considered illegal under the new law.

The details of the civil suit against Alan Braid, a physician in San Antonio, are as unusual as the law itself, which empowers private citizens to enforce the ban on abortion once cardiac activity has been detected — often as early as six weeks into pregnancy.

Braid stepped forward last week to say that he provided an abortion to a woman who was in the early stages of pregnancy, but beyond the state’s limit. Despite the risks, Braid said he acted because of his duty as a doctor and “because she has a fundamental right to receive this care.”

“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,” he wrote in a column in The Washington Post.

*snip*




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First suit under SB 8 (Abortion Bounties) filed in Texas against Dr. Braid. (Original Post) Nevilledog Sep 2021 OP
K&R BeckyDem Sep 2021 #1
One question here bluestarone Sep 2021 #2
Will totally depend on the reason it's thrown out.* Nevilledog Sep 2021 #3
I actually think it could. bluestarone Sep 2021 #5
SCOTUS is hearing direct attack on Roe v Wade in December. Nevilledog Sep 2021 #6
Agree BUT bluestarone Sep 2021 #7
We'll find out. Nevilledog Sep 2021 #8
Yea, will the bounty vigilante ahole have to pay back when MD wins his suit? UTUSN Sep 2021 #9
Nope. Specifically laid out in law that Defendants are not entitled to attorney fees Nevilledog Sep 2021 #11
Whoa UTUSN Sep 2021 #13
thanking Dr. Braid Skittles Sep 2021 #4
CNN article Nevilledog Sep 2021 #10
How long before the DOJ and other intervene in this case? LetMyPeopleVote Sep 2021 #12

bluestarone

(17,010 posts)
2. One question here
Mon Sep 20, 2021, 06:21 PM
Sep 2021

IF it's thrown out of court, that should STOP all lawsuits on this, until appeals are over am i right?

Nevilledog

(51,166 posts)
6. SCOTUS is hearing direct attack on Roe v Wade in December.
Mon Sep 20, 2021, 06:38 PM
Sep 2021

A decision will come from that before any case concerning the merits of SB 8 gets to SCOTUS.

bluestarone

(17,010 posts)
7. Agree BUT
Mon Sep 20, 2021, 06:43 PM
Sep 2021

I feel it's the law of the land today. So Texas law is unconstitutional in my eyes. (that's why i think THIS suit could be thrown out until Roe vs Wade is decided)

Nevilledog

(51,166 posts)
10. CNN article
Mon Sep 20, 2021, 07:35 PM
Sep 2021


Tweet text:
Tierney Sneed
@Tierney_Megan
The Texas doctor who wrote a WaPo op-ed about violating the six-week abortion ban, now faces TWO new state court lawsuits brought under the law, BOTH brought by out-of-state opponents of the ban. (w/@Arianedevogue)

Texas doctor who says he performed abortion sued in first challenge under new law
A San Antonio doctor who wrote an Washington Post op-ed claiming that he had violated Texas' six-week abortion ban now faces a lawsuit brought against him under the ban.
cnn.com
3:47 PM · Sep 20, 2021



https://www.cnn.com/2021/09/20/politics/texas-abortion-doctor-lawsuit/index.html

(CNN) — A San Antonio doctor who wrote a Washington Post op-ed claiming that he had violated Texas' six-week abortion ban now faces at least two lawsuits brought against him under the ban, both brought by plaintiffs who say they oppose the new law.

One lawsuit was filed Monday by Oscar Stilley, a former tax attorney in Arkansas who is serving a home confinement sentence for a federal conviction on tax crimes.

He filed the lawsuit against the physician, Dr. Alan Braid, in Bexar County.

In a phone interview with CNN, Stilley said he is an opponent of the law that bars most abortions in the state, but wants to clear the way for a judge to rule on its constitutionality.

"I am a supporter of the Constitution, and I am opposed to the law," Stilley said.

A second lawsuit has been filed against Braid by Felipe N. Gomez, an Illinois resident who describes himself as a "Pro Choice Plaintiff" in the suit.

*snip*


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