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First Suits Follow Texas Anti-Abortion Law as Doctor Performs Procedure to 'Test Its Legality'

© REUTERS / Ilana Panich LinsmanFormer Texas State Senator Wendy Davis (C), attends a Planned Parenthood rally outside the State Capitol in Austin, Texas, U.S., April 5, 2017
Former Texas State Senator Wendy Davis (C), attends a Planned Parenthood rally outside the State Capitol in Austin, Texas, U.S., April 5, 2017 - Sputnik International, 1920, 21.09.2021
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A new Texas law that effectively bans abortion after six weeks came into effect in September after the Supreme Court had declined to overturn the controversial legislation. The law provides a way for any private citizen to sue anyone they suspect of performing or assisting with an abortion.
A doctor from San Antonio, Texas is facing at least two lawsuits after he wrote an op-ed for the Washington Post claiming that he had performed an abortion in defiance of the state’s new ‘Heartbeat Act’ which outlaws an abortion after six weeks.
Dr. Alan Braid wrote in his piece that he was “taking a personal risk” in performing the procedure but believed “strongly” in what he was doing, while testing the new law’s legality.
The Washington Post then reported that the physician was sued on Monday by a former tax attorney in Arkansas, Oscar Stilley, who is currently serving a tax crimes sentence under house arrest.
Stilley told CNN that he actually opposed the law but, as “a supporter of the Constitution”, wanted a “judge to make a ruling” on the much-decried legislation.
"I think the doctor has guts and he has principle and I decided that I would be the one to get some clarity on this law," Stilley told CNN in a phone interview.
Another suit was filed by Felipe N. Gomez, a resident of Illinois, who described himself as a “Pro-Choice Plaintiff”.
According to the Gomez’s complaint, he filed the suit in a bid to deem the ‘Heartbeat Act’ unconstitutional and violating America’s “Roe v. Wade” case that gave pregnant women liberty in opting for abortion.
John Seago, head of the Texas Right to Life group, which has been propelling the anti-abortion legislation and launched a website encouraging users to anonymously report suspected violators of the law, said that “Pro-Life movement” had nothing to do with the reported suits.
"Both cases are self-serving legal stunts, abusing the cause of action created in the Texas Heartbeat Act for their own purposes," Seago said in a statement to CNN.
The ‘Heartbeat Act’ that came into effect on 1 September bars doctors from performing an abortion when an embryo’s cardiac activity can be detected with an ultrasound - something which usually happens six weeks after conception. Medical experts maintain that the cardiac impulses cannot be described as a “heartbeat” per se, as fetuses usually do not have a developed heart at this point.
The Act, which has effectually prohibited a majority of the abortions in the state, also endowed private citizens with an ability to file lawsuits against abortion providers and those “aiding and abetting” them seeking at least $10,000 in damages. The US Supreme Court has refused to overturn the law.
US President Joe Biden delivers remarks on the August jobs report report in the State Dining Room at the White House in Washington, DC on 3 September 2021. - Sputnik International, 1920, 04.09.2021
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Has Biden U-Turned on His Abortion Rights Stance?
The legislation has seen mounting support in other US states, with Florida senator Wilton Simpson revealing in early September that the state's legislature has already been “working on” a similar bill.
“Abortion kills children and forever changes the life of the mother, the father, and the entire extended family," Simpson said earlier in a statement. "As an adoptive child myself, it’s important to me that we do everything we can to promote adoption and prevent abortion; therefore, I think it’s worthwhile to take a look at the Texas law and see if there is more we can do here in Florida.”
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