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Texas Doctor Performs Abortion, Gets Sued By An Arkansas Felon In First Test of Law

The first test of the Texas heartbeat law is now underway.
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New Texas Abortion Law

Test of the Texas Heartbeat Law

The Wall Street Journal reports Texas Doctor Who Performed Abortion Is Sued in Test of New Law

The Texas Heartbeat Act bans abortions after “cardiac activity” can be detected, usually around six weeks of gestation, and it deputizes private citizens to sue anyone they believe may have aided such a procedure and collect $10,000. It went into effect Sept. 1.

Alan Braid, a San Antonio physician, said in a Washington Post opinion essay Saturday that he had performed an abortion in defiance of the law, widely known as SB 8, earlier this month.

A former Arkansas lawyer, Oscar Stilley, who said he is on home confinement serving time after a tax-fraud conviction, filed a civil complaint against the doctor Monday in Bexar County District Court. He said he decided to sue the doctor after he read about the case early Monday morning and wanted to test the Texas law, which doesn’t require plaintiffs to be state residents.

In a separate lawsuit, Felipe N. Gomez, an Illinois resident who is described in his filing as a “pro choice plaintiff,” filed a complaint Monday morning in Bexar County. While the complaint is against Dr. Braid, it says Mr. Gomez believes the Texas law to be illegal and asks a court to strike it down. He said that he wasn’t interested in collecting any money.

“I’m against having someone tell me I have to get a shot or wear a mask and the same people who agree with me on that—the GOP—tell people what they can do with their bodies on the other hand,” Mr. Gomez said. “It’s inconsistent.”

New Roe v. Wade Poll

Monmouth Abortion Poll

In a new poll by highly respected pollster Monmouth University, Most say leave Roe v. Wade as is.

Key aspects of the new Texas law restricting access to abortions receive a thumbs down from a broad majority of Americans, especially the so-called “bounty” payment provision. The latest Monmouth (“Mon-muth”) University Poll also finds public approval of the U.S. Supreme Court has dipped in the past five years while most Americans support keeping access to abortion legal and do not want the nation’s highest court to revisit the Roe v. Wade decision.

A majority of the public (54%) disagrees with the Supreme Court allowing the Texas law that effectively bans abortions after six weeks to go into effect. Another 39% of Americans agree with the court. Most Democrats (73%) disagree with the decision while most Republicans (62%) agree. Democrats (77%) and independents (61%) are more likely than Republicans (47%) to say they have heard a lot about this new law.

Two unique provisions of the Texas law are broadly opposed by the public. Seven in ten Americans (70%) disapprove of allowing private citizens to use lawsuits to enforce this law rather than having government prosecutors handle these cases. Additionally, 8 in 10 Americans (81%) disapprove of giving $10,000 to private citizens who successfully file suits against those who perform or assist a woman with getting an abortion. 

Whether one is for or against abortion, the Texas law is beyond idiotic. Allowing people who were not injured in any way to sue for damages when there are no damages is clearly unconstitutional. 

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It's also stupid.

The in your face Texas legislation is not going to do the GOP any good in the 2022 midterms. It offends a majority of women and a majority of independents.

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