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Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 19, 2021 06:12PM
Takes some guts, Dr. Braid. Remember his name.

Quote

A Texas doctor is publicly revealing that he violated a state law that bans abortions after six weeks and says he is inviting legal challenges under the controversial law, which has so far withstood efforts by pro-abortion rights supporters to block it.

"On the morning of Sept. 6, I provided an abortion to a woman who, though still in her first trimester, was beyond the state's new limit. I acted because I had a duty of care to this patient, as I do for all patients, and because she has a fundamental right to receive this care," Dr. Alan Braid, a physician in San Antonio, Texas, wrote in an op-ed published Saturday in The Washington Post.

"I fully understood that there could be legal consequences — but I wanted to make sure that Texas didn't get away with its bid to prevent this blatantly unconstitutional law from being tested," he wrote.

No small thing. This guy is not young - starting residency in '72, he's probably 70+. And doctors who provide abortions have been murdered for it. And unless I'm mistaken, he could face an unlimited number of civil lawsuits.

Now it's in their court - do the Handmaid's Tale crew stand up meet the challenge?

Actually, it's not just in their court - the Texas law says that anyone can sue. So even someone from Planned Parenthood Texas could sue Dr. Braid if they needed to. The law says anyone.

If this goes to the Supremes, which it likely will, the "conservative" wing is going to have to come up with some wildly new constitutional reasoning to allow this law to stand. (Even if Roe v Wade wasn't a 50 year precedent, it blows the very concept of law enforcement to smithereens.)

Bring. It. On.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: mattkime
Date: September 19, 2021 07:22PM
Could the doctor sue himself?



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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: cbelt3
Date: September 19, 2021 07:36PM
The way the law claims that anyone can sue without showing harm or loss invites a blizzard of irrelevant tort lawsuits. The fact that SCOTUS let it stand is unconscionable.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 19, 2021 07:41PM
Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: N-OS X-tasy!
Date: September 19, 2021 07:57PM
Quote
pdq
No small thing. This guy is not young - starting residency in '72, he's probably 70+

His age has everything to do with why he did this. He is not a risk of losing his career over this - it's already behind him. I'm guessing he considered retiring after the law was passed but decided to take this stand instead. He probably figures they wouldn't want to risk sending a guy as old as he is to jail for this.

All in all, a smart play. He has my respect and best wishes.



It is what it is.



Edited 1 time(s). Last edit at 09/19/2021 07:59PM by N-OS X-tasy!.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 19, 2021 08:01PM
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N-OS X-tasy!
Quote
pdq
No small thing. This guy is not young - starting residency in '72, he's probably 70+

His age has everything to do with why he did this. He is not a risk of losing his career over this -

But he is at risk of being financially ruined. Or worse.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: Speedy
Date: September 20, 2021 03:24AM
If you think being forced to wear a mask is bad, imagine being forced to have a baby.



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: Ombligo
Date: September 20, 2021 05:38AM
A younger doctor needs to take a similar stand. If this elderly doctor dies before SCOTUS rules in several years, then the case gets tossed and it is back to square one.



“No persons are more frequently wrong, than those who will not admit they are wrong.”
-- François de La Rochefoucauld

Growing older is mandatory. Growing up is optional.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: rgG
Date: September 20, 2021 06:55AM
Quote
Ombligo
A younger doctor needs to take a similar stand. If this elderly doctor dies before SCOTUS rules in several years, then the case gets tossed and it is back to square one.

He is only 72. I know the courts move slowly, but he should be around for quite a while. Lol





Roswell, GA (Atlanta suburb)
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: Bill in NC
Date: September 20, 2021 09:23AM
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pdq
Quote
N-OS X-tasy!
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pdq
No small thing. This guy is not young - starting residency in '72, he's probably 70+

His age has everything to do with why he did this. He is not a risk of losing his career over this -

But he is at risk of being financially ruined. Or worse.

An OB/GYN that old would long ago have already implemented asset protection measures.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 20, 2021 11:00AM
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Bill in NC
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pdq
Quote
N-OS X-tasy!
Quote
pdq
No small thing. This guy is not young - starting residency in '72, he's probably 70+

His age has everything to do with why he did this. He is not a risk of losing his career over this -

But he is at risk of being financially ruined. Or worse.

An OB/GYN that old would long ago have already implemented asset protection measures.

I still think there is a risk. This is Texas we’re talking about. They’re making this up as they go.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: N-OS X-tasy!
Date: September 20, 2021 11:57AM
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Bill in NC
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pdq
Quote
N-OS X-tasy!
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pdq
No small thing. This guy is not young - starting residency in '72, he's probably 70+

His age has everything to do with why he did this. He is not a risk of losing his career over this -

But he is at risk of being financially ruined. Or worse.

An OB/GYN that old would long ago have already implemented asset protection measures.

Was thinking the same.



It is what it is.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: RAMd®d
Date: September 20, 2021 02:00PM
He has my respect and best wishes.

Agreed.



But he is at risk of being financially ruined. Or worse.


Admittedly knowing nothing about how to do so, is it possible that prior defense measures under gentler times would be insufficient if 30 or 40 vigilante bounty hunters filed suit against the doctor?

Would that be allowed?

Maybe I'm way off base here, but it would seem possible if not likely the bounty hunters move forward with their suit(s) while SCOTUS moves more slowly, and even when there decision favors the doctor, he's alive and poor.





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Everybody matters or nobody matters.

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all who would be called good
must suffer with him.

You and I have memories longer than the road that stretches out ahead.

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by believing all possible evil of evil men.

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An armed society is a polite society.
And hope is a lousy defense.

You make me pull, I'll put you down.

I *love* SIGs. It's Glocks I hate.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: Michael
Date: September 20, 2021 02:29PM
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Bill in NC
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pdq
Quote
N-OS X-tasy!
Quote
pdq
No small thing. This guy is not young - starting residency in '72, he's probably 70+

His age has everything to do with why he did this. He is not a risk of losing his career over this -

But he is at risk of being financially ruined. Or worse.

An OB/GYN that old would long ago have already implemented asset protection measures.

My dear old dad was an OB/GYN. He was a wonderful doctor but a moron with his assets. When he passed at 72 years in 1997, his estate was almost exclusively a house in Atherton, CA that he and mom had bought back in 1959. If you know anything about the Bay Area you'll know that mom was just fine after she sold it and lived on the proceeds. My 2 OB/GYN brothers have told me that, at least in my dad's time, it was pretty common for doctors to be taken advantage of by high-priced financial "experts" who put them in exotic investments that the IRS would often audit and disallow (think the avocado orchard in FL or the cow herd in TX...). That's what happened to my dad and his asset base crashed when the IRS was done with the dozen physicians in that investment group. This Texas OB/GYN is closer to my brothers' generation. My brothers aren't at high-priced investment houses and seem to be doing fine. Hopefully this guy will be, as well.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: steve...
Date: September 20, 2021 04:59PM
The first lawsuit was filed by an Arkansas attorney who opposes the law.


The lawsuit was filed Monday by Oscar Stilley, a former tax attorney in Arkansas who is serving a home confinement sentence for a federal conviction on tax crimes.

He filed the lawsuit against the doctor in Bexar County.

In a phone interview with CNN, Stilley said he is an opponent of the law that bars most abortions in the state, but wants to clear the way for a judge to rule on its constitutionality.

"I am a supporter of the Constitution, and I am opposed to the law." Stilley said.



CNN




Northern California Coast
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 20, 2021 05:00PM
…and now he has been sued.

By a former lawyer and felon from Arkansas.

confused smiley

Quote

“If the law is no good, why should we have to go through a long, drawn-out process to find out if it’s garbage?” Stilley said in an interview after filing the complaint in state court in Bexar County, Tex., which includes San Antonio.

He also noted that a successful lawsuit could result in an award in court of at least $10,000 for the plaintiff.

“If the state of Texas decided it’s going to give a $10,000 bounty, why shouldn’t I get that 10,000 bounty?” said Stilley, who is currently serving his 15-year federal sentence on home confinement.

ROTFL

…and inevitably, this goofy law has now entered circus territory.

Yup, this law certainly presents "complex and novel" procedural questions, as the SCOTUS majority declared.

The circus is just beginning, I think.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: RgrF
Date: September 20, 2021 05:35PM
Quote
steve...
The first lawsuit was filed by an Arkansas attorney who opposes the law.


The lawsuit was filed Monday by Oscar Stilley, a former tax attorney in Arkansas who is serving a home confinement sentence for a federal conviction on tax crimes.

He filed the lawsuit against the doctor in Bexar County.

In a phone interview with CNN, Stilley said he is an opponent of the law that bars most abortions in the state, but wants to clear the way for a judge to rule on its constitutionality.

"I am a supporter of the Constitution, and I am opposed to the law." Stilley said.



CNN

A 15-year sentence served at home? Felonious former fleece-monger from Arkansas must be a white fella.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: deckeda
Date: September 20, 2021 09:22PM
Texas Right to Life decries the lawsuit against Baird a "stunt" ... yeah they never intended anyone to use the law, just be afraid of it. Now it'll get reviewed.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 21, 2021 08:54AM
Quote
deckeda
Texas Right to Life decries the lawsuit against Baird a "stunt" ... yeah they never intended anyone to use the law, just be afraid of it. Now it'll get reviewed.

That’s why I love that this Arkansas lawyer specifically stated “Hey, if anyone can get the $10k, why not me?” He’s just following the law as written for a nice little payday.

There’s definitely an unconstitutional “stunt” going on, all right, but it’s not the one Texas Right to Life is complaining about.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 21, 2021 09:03AM
Quote
RgrF
Quote
steve...
The first lawsuit was filed by an Arkansas attorney who opposes the law.


The lawsuit was filed Monday by Oscar Stilley, a former tax attorney in Arkansas who is serving a home confinement sentence for a federal conviction on tax crimes.


A 15-year sentence served at home? Felonious former fleece-monger from Arkansas must be a white fella.

Heh. A photo of Mr. Stilley, as provided by Mr. Stilley:



That must be the Arkansas version of the chain gang for white lawyers.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: wave rider
Date: September 21, 2021 12:56PM
How many lawsuits per abortion? Does this lawsuit now protect the doctor from further lawsuits in this case?

Although in civil court, makes me wonder if double jeopardy counts in this case…



=wr=
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: AllGold
Date: September 21, 2021 03:17PM
No, literally anybody and everybody can sue.



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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: sekker
Date: September 21, 2021 05:20PM
I was wondering whether the ACLU would sue for this very purpose.
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Re: Texas Ob/Gyn stands up to challenge Texas law
Posted by: pdq
Date: September 21, 2021 09:14PM
Monmouth poll, via CNN:

Quote

Texas Republicans' decision to pass the nation's most restrictive abortion law earlier this month has landed like a lead balloon with voters nationally.

Fully 70% of Americans disagree with the idea of allowing private citizens to bring lawsuits against abortion providers. That numbers includes 9 in 10 Democrats, yes, but also more than 4 in 10 Republicans.

Opposition to paying off these complainants is even higher in the poll, with 81% disapproving of the idea -- including 2 in 3 (67%) of self-identified Republicans.

The anti-abortion crowd assumed (as conservatives often do) that everyone felt the same as they did, or ought to. Not even close.

It’s looking like this is going to crash and burn. Biden ought to get on this issue and hammer it relentlessly.
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