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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFirst suit under SB 8 (Abortion Bounties) filed in Texas against Dr. Braid.
Link to tweet
Tweet text:
Steve Vladeck
@steve_vladeck
·
Sep 20, 2021
Dr. Braid is going to wineither because Stilley doesnt have standing or because SB8 is unconstitutional under Casey.
The problem is that his victory wont bind anybody else, and wont prevent other plaintiffs from bringing the same claims over and over again. Thats by design.
David L. Noll
@davidlnoll
First suit under SB 8 filed
https://wapo.st/3Cs1lpW
Image
Steve Vladeck
@steve_vladeck
Thats 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.
Thats the real ballgame here, and why the DOJ lawsuit is going to be so important.
2:50 PM · Sep 20, 2021
Steve Vladeck
@steve_vladeck
·
Sep 20, 2021
Dr. Braid is going to wineither because Stilley doesnt have standing or because SB8 is unconstitutional under Casey.
The problem is that his victory wont bind anybody else, and wont prevent other plaintiffs from bringing the same claims over and over again. Thats by design.
David L. Noll
@davidlnoll
First suit under SB 8 filed
https://wapo.st/3Cs1lpW
Image
Steve Vladeck
@steve_vladeck
Thats 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.
Thats 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 states 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 nations 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 states 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 didnt 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
Nope. Specifically laid out in law that Defendants are not entitled to attorney fees
Nevilledog
Sep 2021
#11
BeckyDem
(8,361 posts)1. K&R
bluestarone
(17,010 posts)2. One question here
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)3. Will totally depend on the reason it's thrown out.*
*I have no faith it WILL be thrown out.
bluestarone
(17,010 posts)5. I actually think it could.
Just use the SC. decision on Roe vs Wade as the defense?
Nevilledog
(51,166 posts)6. SCOTUS is hearing direct attack on Roe v Wade in December.
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
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)8. We'll find out.
UTUSN
(70,722 posts)9. Yea, will the bounty vigilante ahole have to pay back when MD wins his suit?
Nevilledog
(51,166 posts)11. Nope. Specifically laid out in law that Defendants are not entitled to attorney fees
Skittles
(153,174 posts)4. thanking Dr. Braid
true hero
Nevilledog
(51,166 posts)10. CNN article
Link to tweet
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
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*
LetMyPeopleVote
(145,463 posts)12. How long before the DOJ and other intervene in this case?