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Texas Doctor Who Defied State’s New Abortion Ban is Sued

Credit: Jack Gruber-USA TODAY

DALLAS, TX (AP/77WABC) — 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 had said it had attorneys ready to bring lawsuits. Neither ex-lawyer who filed suit said they were anti-abortion. But both said courts should weigh in.

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 don’t have to be from Texas and who are entitled to claim at least $10,000 in damages if successful.

Legal experts say Braid’s admission is likely to set up another test of whether the law can stand after the Supreme Court allowed it to take effect.

“Being sued puts him in a position … that he will be able to defend the action against him by saying the law is unconstitutional,” said Carol Sanger, a law professor at Columbia University in New York City.

Braid wrote that on Sept. 6, he provided an abortion to a woman who was still in her first trimester but beyond the state’s new limit.

“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,” Braid wrote.

Two federal lawsuits were already making their way through the courts over the law, known as Senate Bill 8.

In one, filed by abortion providers and others, the Supreme Court declined to block the law from taking effect while the case makes its way through the legal system.

It’s still proceeding in the 5th U.S. Circuit Court of Appeals. In the second case, the Justice Department is asking a federal judge to declare the law invalid, arguing it was enacted “in open defiance of the Constitution.”

The Center for Reproductive Rights, one of the plaintiffs in the first federal lawsuit, is representing Braid.

Copyright 2021 Red Apple Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. AP contributed to this report.

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