Lawsuit against doctor who defied Texas abortion law tossed
Legal Compliance
Lawyers for a doctor who intentionally defied a Texas abortion law that the lawyers called a “bounty-hunting scheme” say a court has dismissed a test of whether members of the public can sue providers who violate the restrictions for at least $10,000 in damages.
Dr. Alan Braid published an opinion piece in the Washington Post last year revealing that he intentionally violated the Texas law shortly after it took effect in September 2021. The law bans abortions after roughly the sixth week of pregnancy and is only enforced through lawsuits filed by private citizens — although Texas subsequently banned abortions entirely after the fall of Roe v. Wade.
Even though Texas now has a broader abortion ban, the Center for Reproductive Rights, which represents Braid, said the decision Thursday by a San Antonio court is still significant because it rejected that people with no connection to an abortion can sue. The dismissal was announced from the bench, and no formal written opinion had been published as of Friday morning.
“When I provided my patient with the care she needed last year, I was doing my duty as a physician,” Braid said in a statement. “It is heartbreaking that Texans still can’t get essential health care in their home state and that providers are left afraid to do their jobs.”
The lawsuit brought against Braid after he announced he had defied the Texas law was filed by Felipe N. Gomez, of Chicago, who asked the court to declare the law unconstitutional. He has said that he wasn’t aware 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 patients of the doctor he sued.
Related listings
-
Court rehears fight over vaccine mandate for federal workers
Legal Compliance 09/13/2022President Joe Biden has the same authority to impose a COVID-19 vaccine requirement on federal workers that private employers have for their employees, an administration lawyer told a federal appeals court Tuesday.A lawyer for opponents of the vaccin...
-
Abortion floor debate splits South Carolina Republicans
Legal Compliance 09/07/2022President Joe Biden nominated has nominated a University of Montana law professor to be a judge on the 9th U.S. Circuit Court of Appeals.Anthony Johnstone is a former solicitor for the state of Montana who has taught at the University of Montana sinc...
-
Louisiana seeks suspension of block on enforcement
Legal Compliance 07/22/2022A day after a state judge blocked enforcement of Louisiana’s abortion ban, state officials asked the same judge to suspend his own ruling while they pursue an appeal.Lawyers for state Attorney General Jeff Landry and health secretary Courtney P...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.