Texas doctor sued by two private citizens in first lawsuit brought under strict state abortion law
Last Updated on September 24, 2021 by Administrator
Written By – Arshita Anand, News Writer
@sociolegalcorp Doctor Alan Braid was sued this Monday by Oscar Stilley and Felipe Gomez for violating Texas Senate Bill 8 (SB8) that prohibits abortions six weeks into the pregnancy. Braid had claimed to perform such an abortion in an op-ed piece published by The Washington Post on Saturday.
This article stated that Braid believes “abortion is an essential part of health care.” And that he had performed the abortion because he “had a duty of care to this patient, as [he does] for all patients, and because she has a fundamental right to receive this care.”
The provision used by Stilley and Gomez to file a suit against Braid was SB8 that states, “[a]ny person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who…performs or induces an abortion in violation of this subchapter.”
However, Gomez has requested the court for SB8 to be declared unconstitutional through his complaint. Still, Stilley alleges that Braid performed an illegal abortion and seeks $100,000 in damages or the statutory minimum of $10,000. Further, Stilley requests injunctive relief to prevent Braid from performing any further abortions.
SB8 has been in grave controversy as Supreme Court denied an emergency request to block the ban in spite of 4 justices being dissenters. DOJ has also filed a suit thereafter, stating that the law defies the Supremacy Clause because it lacks an exception for cases of rape and incest. Last week, the DOJ filed an emergency motion seeking to immediately block SB8 pending further proceedings.
By Team SLC @sociolegalcorp
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