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

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An obstetrician-gynecologist from San Antonio writes that he understands that his actions “may have legal consequences”.

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A Texas doctor claimed on Saturday that he deliberately violated the state’s new abortion law to help a probe into whether it was legal.

Alan Brad, an obstetrician-gynecologist in San Antonio, explained his actions in an essay published in The Washington Post.

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Brad writes that he understands that his action “may have legal consequences”.

“But I wanted to make sure Texas didn’t shy away from its bid to prevent this apparently unconstitutional law from being put on trial.”

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

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

— Alan Brad, obstetrician-gynecologist in San Antonio

Texas Gov. Greg Abbott, a Republican, signed the abortion bill into law in May, and it took effect on September 1.

Jonathan Mitchell, a former Texas solicitor general who helped draft the bill, defended it in a legal brief submitted to the US Supreme Court in which he called Roe v. Wade, a 1973 High Court ruling that legalized abortion. The Guardian reported.

‘Change their behavior’

Mitchell briefly argued that a high degree of personal integrity would help to make illegal abortion unnecessary in response to a court ban on abortion, according to news outlet.

“Women can ‘control their reproductive life’ without access to abortion; they can do so by abstaining from intercourse,” writes Mitchell. “One can imagine a scenario in which a woman chooses to engage in unprotected (or insufficiently protected) intercourse on the assumption that abortion will be available to her later. If she no longer wishes to risk an unwanted pregnancy.”

The Supreme Court is expected to address a mississippi case Joe Roe vs. Wade in his next term, The Guardian reported.

but does not support a return to the days before bread roe vs wade, he writes in the post.

“For me, it’s 1972 again,” Brad writes. At the time, she continued, abortions in Texas were mostly available to women of economic means who could travel to states such as California, Colorado, or New York to have the procedure. He claims that the new Texas law returns the state to those days.

He claims he saw three teens die from the effects of illegal abortions while performing emergency room duty as an OB-GYN resident at a San Antonio hospital.

‘duty of care’

On September 6, five days after the new Texas law took effect on September 1, they wrote, they provided an abortion to a woman in the first trimester of her pregnancy—a violation of state law.

“I did this because I had a duty to care for this patient, as I do for all patients, and because he has a fundamental right to receive this care.”

Last Tuesday, the US Justice Department asked a federal judge in Texas to temporarily halt implementation of the new Texas law.

The emergency motion seeking a temporary 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 took effect on September 1 after the US Supreme Court upheld it in a 5-4 decision. This is the strictest abortion law in the country. Critics say many women do not yet know they are pregnant at six weeks – around the time when a fetal heartbeat can be detected for the first time – and the law makes no exceptions for rape or incest. does not make.

“This is clearly unconstitutional,” Attorney General Merrick Garland said earlier this month. “The clear and clearly acknowledged intent of this statutory scheme is to prevent women from exercising their constitutional rights.”

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

“Biden should focus on fixing the border crisis, Afghanistan, the economy and countless other disasters, rather than interfering with the sovereign rights of states,” Paxton wrote on Twitter on September 9. “I will use every available resource to fight for life.”

Once a fetal heartbeat is detected, usually around six weeks, the law prohibits all abortions, and individuals who oppose abortion can sue clinics and others who assist the woman in getting an abortion. allows to do.


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