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TX Ob-gyn sued for performing abortion

Discussion in 'News & Current Events (Articles Required)' started by jayem, Sep 22, 2021.

  1. jayem

    jayem Naturalist

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    Dr. Alan Braid, a San Antonio OB-GYN who staffs an abortion clinic, performed a termination after the new TX law was enacted. Obviously, it’s a test case. And—because a suit was filed against him in accordance with the law— he has the legal standing to challenge it.

    “I acted because I had a duty of care to this patient, as I do for all patients, and because she has a fundamental right to receive this care,” Dr. Braid wrote. “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.”

    Good for him. The statute is a legislative travesty. I hope he prevails.

    Texas Doctor Says He Performed an Abortion in Defiance of New State Law
     
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  2. Yttrium

    Yttrium Independent Centrist

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    Yay a test case!

    Must go buy some popcorn.
     
  3. Abaxvahl

    Abaxvahl Well-Known Member

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    Finally some drama.
     
  4. PloverWing

    PloverWing Episcopalian

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    The NY Times article doesn't mention any actual lawsuits, but this article from the Texas Tribune does: Texas doctor who admitted to violating the state’s near-total abortion ban sued under new law There probably has to be a lawsuit -- not just an abortion performed -- in order for the physician to claim in court that he's been hurt by the Texas law. We do need a test case here, so that the courts can evaluate this dubious new law.

    (I'm hoping the Texas Tribune is a legit local Texas news site. Alas, I'm not from Texas, so I don't know their reputation.)
     
  5. Hank77

    Hank77 Well-Known Member Supporter

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    The doctor is not the one suing he's the one being sued by two lawyers from two different states, neither of them is in TX.
     
  6. Sketcher

    Sketcher Born Imperishable

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    Well, that was quick.
     
  7. Yttrium

    Yttrium Independent Centrist

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    Just think what could happen if the law is upheld by the Supreme Court.

    I wonder what the record is for number of lawsuits directed at one person? And how badly could we break it?
     
  8. Paulos23

    Paulos23 Never tell me the odds!

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    I understand both lawers don't have anything against abortion, but are against this law and are doing this to put it before the higher court.

    Don't know how this will fly with the court.
     
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  9. Goonie

    Goonie Not so Mystic Mog. Supporter

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    The refused of the supreme court not to injunct this bill on the grounds that Texas deliberately Aimed to bypass the constitution is a travesty of law.

    The right wing justices are claiming to be impartial etc. But if this bill was by California to make a mental health check manditory for gun ownership using exactly the same language as the Texas bill, the supreme court would have stepped in before you could blink.
     
  10. Pommer

    Pommer Autodidact polymath Supporter

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    I’m thinking that this was set up like the “Scopes” [teaching evolution] or Rosa Parks’ cases were…everybody is actually on the “same side” and only in it to force the court action that can begin the litigation process.

    Doing it this way your group can get the most favorable path to get the courts to see things your way.
     
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  11. Goonie

    Goonie Not so Mystic Mog. Supporter

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    The thing is the supreme court are already preparing to hear arguments on another abortion case in December, which all indications are will effectively render roe vs Wade obselete.

    So they might not even hear this case as they are likely to have already ruled on a case concerning at what month you can ban abortion.
     
  12. Pommer

    Pommer Autodidact polymath Supporter

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    The problem is overturning a decision that (in its effect) confers a “right” is that the Court has to repudiate the 1973 decision and spell out exactly where a woman’s rights end with regard to her procreation decisions.

    The worst that will happen is that the question of abortion will go back to the states with guidelines.
     
  13. Goonie

    Goonie Not so Mystic Mog. Supporter

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    There is every chance that the court wil rule states can ban outright abortion from 6 weeks , effectively ending abortion in many usbstates.
     
  14. Desk trauma

    Desk trauma Atheist Capitalist Supporter

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    Then the race will be on to see what state can make it the most illegal.
     
  15. PloverWing

    PloverWing Episcopalian

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    That's what I meant. If the doctor is successfully sued, then he can say that the law has harmed him -- because of the law, he's out $10,000. So at that point the Texas law has harmed him, and (I think) he can sue the state of Texas for that harm. Until then, it may not be possible to show in court that the law has actually harmed anyone, so there may not be a basis for a court case. I think.
     
  16. Hank77

    Hank77 Well-Known Member Supporter

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    OK, gotcha now, thanks.
     
  17. cow451

    cow451 The Most Interesting Poster in the Forum Supporter

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    Oftexas: Remember the Alamo.
     
  18. Arcangl86

    Arcangl86 Newbie

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    Though that can backfire. Plessy v. Ferguson was a strategic lawsuit and we got stuck with "Separate but equal" for decades because of it.
     
  19. Sif

    Sif .

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  20. cow451

    cow451 The Most Interesting Poster in the Forum Supporter

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    We must resist!
     
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