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Texas doctor claims state’s new abortion law is illegal, says he has already violated it

Posted on 09/20/202109/20/2021 By TCT Admin No Comments on Texas doctor claims state’s new abortion law is illegal, says he has already violated it
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A Texas doctor claimed Saturday that he has intentionally violated the state’s new abortion law with a purpose to assist check whether or not it’s authorized.

Alan Braid, an obstetrician-gynecologist in San Antonio, defined his actions in an essay revealed in The Washington Post.

Braid writes that he understands “there could be legal consequences” due to his motion.

“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 added later: “I understand that by providing an abortion beyond the new legal limit, I am taking a personal risk, but it’s something I believe in strongly.”

“I understand that by providing an abortion beyond the new legal limit, I am taking a personal risk, but it’s something I believe in strongly.”

— Alan Braid, obstetrician-gynecologist in San Antonio

Texas Gov. Greg Abbott, a Republican, signed the abortion invoice into law in May and it took impact Sept. 1.

Jonathan Mitchell, a former Texas solicitor basic who helped put together the invoice, defended it in a authorized temporary submitted to the U.S. Supreme Court through which he calls on the court docket to overturn Roe v. Wade, the 1973 excessive court docket resolution that legalized abortion, The Guardian reported.

‘Change their behavior’

Mitchell argues within the temporary {that a} larger diploma of private integrity in response to a court docket ban on abortions would assist make unlawful abortions pointless, in keeping with the information outlet.

“Women can ‘control their reproductive lives’ without access to abortion; they can do so by refraining from sexual intercourse,” Mitchell writes. “One can imagine a scenario in which a woman has chosen to engage in unprotected (or insufficiently protected) sexual intercourse on the assumption that an abortion will be available to her later. But when this court announces the overruling of Roe, that individual can simply change their behavior in response to the court’s decision if she no longer wants to take the risk of an unwanted pregnancy.”

The Supreme Court is anticipated to handle a Mississippi case in its subsequent time period that would have an effect on Roe v. Wade, The Guardian reported.

But Braid doesn’t assist a return to the times earlier than Roe v. Wade, he writes within the Post.

A pro-life demonstrator holds a placard inside the Texas Statehouse in Austin, July 12, 2013. (Reuters)

A professional-life demonstrator holds a placard contained in the Texas Statehouse in Austin, July 12, 2013. (Reuters)

“For me, it is 1972 all over again,” Braid writes. At that point, he continues, abortions in Texas had been out there largely to ladies of financial means who may afford to journey to states like California, Colorado or New York to have the process finished. He claims that Texas’ new law returns the state to these days.

He claims he watched three youngsters die from the results of unlawful abortions whereas performing emergency-room responsibility as an OB-GYN resident at a San Antonio hospital.

‘A duty of care’

On Sept. 6, 5 days after the new Texas law took impact Sept. 1, he writes, he supplied an abortion to a girl within the first trimester of her being pregnant – a violation of the state law.

“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.”

Last Tuesday, the U.S. Justice Department requested a federal choose in Texas to quickly halt the implementation of the new Texas law.

Texas Gov. Greg Abbott speaks at a news conference, Tuesday, June 8, 2021, in Austin, June 22, 2021. (Associated Press)

Texas Gov. Greg Abbott speaks at a information convention, Tuesday, June 8, 2021, in Austin, June 22, 2021. (Associated Press)

The emergency movement in search of a brief restraining order comes days after the DOJ sued Texas over the law, claiming it was enacted to “prevent women from exercising their constitutional rights.” 

The law went into impact on Sept. 1 after being upheld in a 5-4 resolution by the U.S. Supreme Court. It is the strictest abortion law within the nation. Critics say many ladies don’t but know they’re pregnant at six weeks – across the time when a fetal heartbeat can first be detected – and the law makes no exceptions for rape or incest. 

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“It’s clearly unconstitutional,” Attorney General Merrick Garland stated earlier this month. “The obvious and expressly acknowledged intention of this statutory scheme is to prevent women from exercising their constitutional rights.”

Texas Attorney General Ken Paxton and different Republicans have vowed to defend the new law.

“Biden should focus on fixing the border crisis, Afghanistan, the economy and countless other disasters instead of meddling in states’ sovereign rights,” Paxton wrote on Twitter on Sept. 9. “I will use every available resource to fight for life.”

The law prohibits all abortions as soon as a fetal heartbeat could be detected, often round six weeks, and in addition permits people who oppose abortion to sue clinics and others who help a girl in getting an abortion.

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