Texas doctor sued by two private citizens in first lawsuit brought under strict state abortion law News
Texas doctor sued by two private citizens in first lawsuit brought under strict state abortion law

Oscar Stilley and Felipe Gomez, two private citizens, sued Doctor Alan Braid on Monday for violating Texas Senate Bill 8 (SB8) that prohibits abortions six weeks into the pregnancy. Braid published an op-ed piece with The Washington Post on Saturday claiming to have performed such an abortion earlier this month.

In Braid’s op-ed, he stated that he has “daughters, granddaughters and nieces” and that he believes “abortion is an essential part of health care.” Braid stated that he 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.”

Under SB8, “[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.” Using this provision, Stilley and Gomez both brought suit against Braid.

Notably, Gomez through his Complaint, is requesting declaration from the court that SB8 is unconstitutional. Gomez specifically notes that “Defendant did not violate Roe v. Wade, and that the Act is illegal as written and as applied here until Roe v. Wade is reversed or modified.”

However, 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.

Curiously, Stilley describes himself in his Complaint as “a disbarred and disgraced former Arkansas lawyer…currently on home confinement, in the custody” of the US Department of Justice (DOJ) Federal Bureau of Prisons. Stilley is serving his 12th of a 15-year federal sentence on charges of tax evasion and conspiracy. Neither Gomez nor Stilley are Texas residents.

SB8 has resulted in severe legal controversy, with the Supreme Court denying an emergency request to block the ban earlier this month—a decision in  which four justices dissented. However, the battle did not end there and the DOJ filed suit soon after asserting that the law defies the Supremacy Clause because it lacks an exception for cases of rape and incest. A state court in Texas issued a temporary injunction on SB8 days later preventing Texas Right to Life from enforcing the six-week abortion ban against Planned Parenthood of Greater Texas. Last week, the DOJ filed an emergency motion seeking to immediately block SB8 pending further proceedings.