Lawyers for a doctor who intentionally challenged a Texas abortion law that lawyers called a “bounty hunting scheme” say a court has rejected a test of whether members of the public can sue providers who violate restrictions for at least minus $10,000 in damages.
Dr. Alan Braid published an op-ed in the Washington Post last year revealing that he intentionally violated the Texas law shortly after it went into effect in September 2021. The law prohibits abortions after about the sixth week of pregnancy and is only enforced through lawsuits brought by private citizens, although Texas subsequently outlawed abortions entirely after the fall of Roe v. Wade.
Although Texas now has a broader ban on abortion, the Center for Reproductive Rights, which represents Braid, said Thursday’s decision by a San Antonio court remains significant because it denied that people with no connection to an abortion could sue. The dismissal was announced from the dais and no formal written opinion had been released as of Friday morning.
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“When I gave my patient the care he needed last year, I was doing my duty as a doctor,” Braid said in a statement. “It’s heartbreaking that Texans still can’t get essential health care in their home state and that providers are afraid to do their jobs.”
A lawsuit against a Texas abortionist who allegedly knowingly violated state law has been dismissed.
The lawsuit filed against Braid after he announced that he had challenged the Texas law was brought by Felipe N. Gomez of Chicago, who asked the court to declare the law unconstitutional. He has said that he did not know that he could claim at least $10,000 in damages if he won his lawsuit, and that if he had received any money, he likely would have donated it to an abortion rights group or to the doctor’s patients. he demanded
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Gomez said she was waiting to see the court’s ruling, but has already filed a notice of appeal.
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Braid has closed her clinics in Texas and Oklahoma, where abortion is also prohibited. Since then she has opened other clinics in Illinois and New Mexico.
