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University of Texas women rally at the Texas Capitol protesting the signing of the US's strictest abortion law on 1 September. Alamy Stock Photo

Texas doctor sued after defying state's new abortion ban

The legislation bans abortions from as early as six weeks into a pregnancy.

A CIVIL SUIT has been filed against a Texas doctor who revealed that he had performed an abortion on a woman more than six weeks pregnant in violation of the controversial new law restricting the procedure.

Alan Braid, in a column published in The Washington Post over the weekend, said he carried out an abortion on 6 September on a woman who was still in her first trimester but was “beyond the state’s new limit,” because of his “duty of care” to the patient.

The Texas Heartbeat Act bans abortion once a fetal heartbeat can be detected, which usually takes place at six weeks – before many women even know they are pregnant. It makes no exceptions for rape or incest.

Braid’s case could test the constitutionality of the new law in the southern US state, which took effect on 1 September.

The first suit against Braid was filed with a district court in Texas yesterday by a self-described “disbarred and disgraced” former lawyer in the neighbouring state of Arkansas.

“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,” Braid, who has been practising medicine for 50 years, wrote in the 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 added.

In the landmark 1973 case Roe v Wade, the US Supreme Court guaranteed the right to an abortion so long as the fetus is not viable outside the womb, which is usually not until the 22nd to 24th week of pregnancy.

But the court, which was shifted to the right with the confirmation of three conservative justices nominated by Donald Trump, refused by a 5-4 margin to block the Texas law from going into force.

The bill passed by Republican lawmakers in Texas, the country’s second-largest state, allows members of the public to sue doctors who perform abortions after six weeks or anyone who facilitates the procedure.

First civil suit

The rather eccentrically worded complaint against Braid was submitted by Oscar Stilley, who is currently serving a 15-year sentence for tax fraud under home confinement.

Abortion providers and others seeking to protect a woman’s right to an abortion generally file suit against state prosecutors who are seeking to enforce restrictive abortion laws.

But Texas managed to avoid close judicial scrutiny by the Supreme Court because of the way its law is framed, making it everyday people rather than prosecutors who initiate legal proceedings over abortions.

Braid’s admission means that if he is prosecuted he could contest the constitutionality of the Texas law and force a court to rule on whether it violates Roe v Wade.

The Justice Department has also filed suit against Texas, following through on a pledge by Democratic President Joe Biden to fight attempts by Republican-led states to restrict abortion.

And the Supreme Court announced yesterday that it would hear a challenge on 1 December to a Mississippi law that bans nearly all abortions after the 15th week of pregnancy.

The court ruled on the Texas law without hearing oral arguments, and the Mississippi case will be the first abortion case argued before the court since Trump named three justices to the panel, giving conservatives a 6-3 majority.

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    Mute Seamus West
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    May 27th 2013, 4:39 PM

    The headline “Ireland’s proximity to Europe…”, I alawys thought we were in Europe!!

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    Mute Gar.
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    May 27th 2013, 5:29 PM

    So what if its only one job. Every job created needs to be advertised to get people’s spirits up. Some moaners love doom and gloom.

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    Mute vv7k7Z3c
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    May 27th 2013, 5:30 PM

    Nicely said Gar!

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    Mute stupidlambu
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    May 27th 2013, 5:39 PM

    Af for god sake people cop on and wake up this is nothing in the scheme of things and also it is over 3yrs and we dont know if they are well paying or not.

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    Mute Maria Farrell
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    May 27th 2013, 5:49 PM

    @ Stupidlambu
    It’s not about how long they take to create all the jobs or how well they pay. I come from Kells and this will be a huge boost to the town. The loss of Quinn Insurance and the collapse of the construction industry was a massive blow to employment for young people in the town. I personally welcome any new employment opportunities for my friends and family.

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    Mute richardmccarthy
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    May 27th 2013, 6:43 PM

    You might call this negative, but as long as people in this country cant be bothered to get up off their a***s and provide themselves with employment by their own enterprising efforts ,they will continue to always rely on others to provide the jobs.

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    Mute Mgt Helena Byrne
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    May 28th 2013, 12:48 AM

    So true!!

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    Mute Martin Byrne
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    May 27th 2013, 4:37 PM

    Next they will be announcing that the local chipper employed someone.

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    Mute Mark Garrigan
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    May 27th 2013, 4:30 PM

    Woo hoo!All them jobs over the next 3 years….Well done

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    Mute marcus de paor
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    May 27th 2013, 4:27 PM

    The government has an action plan for jobs ?…. now that’s news. .. though it was just an action plan for debt hobbling and emigration. … still good news for kells and it’s people…. lovely town

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    Mute Scrap Croke Park1
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    May 27th 2013, 4:46 PM

    Don’t want to cynical but why must all employees come from the live register? Are these JobBridge positions? €50 a week jobs?

    Let’s hope they’re real jobs but here’s another question. If its part of the Succeed-In-Ireland program who gets the €1,500+ reward per job? No problem if it’s a genuine effort on someone’s part to get this company here but would love to know if they have FG connections

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    Mute Hubert Morris
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    May 28th 2013, 10:56 AM

    I will and I’m a member of FF party

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    Mute Adam Hurley
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    May 27th 2013, 4:56 PM

    Moan Moan Moan Moan Moan….now I feel like I fit in.

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    Mute Vincent Dolan
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    May 27th 2013, 5:29 PM

    You need to throw in a “unsecured bond holders” somewhere to truly belong…

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    Mute W.j.d.
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    May 27th 2013, 5:55 PM

    If only 1 person gets to stay and live in the country of their birth…. It’s a start….

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    Mute Declan Hickey
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    May 27th 2013, 5:55 PM

    Sweet Jesus where are the muppets in government when 70 jobs are lost at once? Oh wait…they couldn’t be arsed.

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    Mute Declan Carr
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    May 27th 2013, 6:11 PM

    Good news for the people of Kells that is if any of the people of Kells get the any of the jobs, and do you have any idea what year it is going to happen?

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    Mute Pablo
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    May 27th 2013, 6:50 PM

    What is basalt fibre and what is it used for? Sounds like there will be manufacturing at the plant and thats a good thing..

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    Mute Jangles
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    May 27th 2013, 9:13 PM

    Its replacing the local hemp fibre industry recently busted by the Gardai.

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    Mute Pablo
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    May 27th 2013, 9:58 PM

    Put my name down for a job so. Ill bring me own lamps..

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    Mute Mark Copas
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    May 27th 2013, 6:26 PM

    Wondering here when next big business shuts will minister be there for photos. Ida is bankrolling all new business. Fecking joke

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    Mute Michael Lawlor
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    May 28th 2013, 2:17 PM

    Some people just love pissing and moaning about everything… probably why the country has always messed up to many whiners with negative outlooks.

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    Mute Jack Bowden
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    May 27th 2013, 9:11 PM

    Anyone know what Basalt Fibre is?

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    Mute Jack Bowden
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    May 27th 2013, 9:19 PM

    I googled it. It’s a bit like fibreglass but has different properties.
    There is no basalt in Meath though, as far as I know. Antrim is the only place in the island you find basalt.

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    Mute Arbuthnot Fink
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    May 28th 2013, 2:21 AM

    BASALT!

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