DALLAS — A San Antonio doctor who said he performed an abortion in defiance of a new Texas law has been sued by two people seeking to test the legality of the state's near-total ban on the procedure.
Former attorneys in Arkansas and Illinois filed lawsuits Monday against Dr. Alan Braid, who in a weekend Washington Post opinion column became the first Texas abortion provider to publicly reveal he violated the law that took effect on Sept. 1.
Under the law, the restriction can only be enforced through private lawsuits.
Oscar Stilley, who described himself as a former lawyer who lost his law license after being convicted of tax fraud in 2010, said he is not opposed to abortion but sued to force a court review of Texas' anti-abortion law, which he called an "end-run."
"I don't want doctors out there nervous and sitting there and quaking in their boots and saying, 'I can't do this because if this thing works out, then I'm going to be bankrupt,'" Stilley, of Cedarville, Arkansas, told The Associated Press.
Felipe N. Gomez, of Chicago, asked a court in San Antonio in his lawsuit to declare the new law unconstitutional. In his view, the law is a form of government overreach. He said his lawsuit is a way to hold the Republicans who run Texas accountable, adding that their lax response to public health during the COVID-19 pandemic conflicts with their crack down on abortion rights.
"If Republicans are going to say nobody can tell you to get a shot they shouldn't tell women what to do with their bodies either," Gomez said. "I think they should be consistent."
Gomez said he wasn't aware he could claim up to $10,000 in damages if he won his lawsuit. If he received money, Gomez said, he would likely donate it to an abortion rights group or to the patients of the doctor he sued.
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