Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Texas doctor who provided abortion in violation of new law: 'I had a duty of care'
The Hill ^ | September 18, 2021 | CELINE CASTRONUOVO

Posted on 09/18/2021 7:08:44 PM PDT by American Number 181269513

A Texas doctor has revealed that he recently performed an abortion in violation of the state's new controversial law that prohibits nearly all abortions after roughly six weeks into a pregnancy, arguing that he “had a duty of care to this patient.”

Alan Braid, a San Antonio-based physician, wrote in an op-ed published by The Washington Post Saturday that on Sept. 6, just five days after the Texas abortion ban went into effect, that he “provided an abortion to a woman who, though still in her first trimester, was beyond the state’s new limit.”

Braid, who began his obstetrics and gynecology residency at a San Antonio hospital in 1972, said that during the year before abortion was recognized as a constitutional right in the 1973 landmark Supreme Court decision in Roe v. Wade, he saw “three teenagers die from illegal abortions.”

In the wake of the Supreme Court’s decision earlier this month not to block Texas’ new abortion law, Braid wrote, “For me, it is 1972 all over again.”

The doctor said that he had been a practicing OB/GYN for more than four decades, "conducting Pap smears, pelvic exams and pregnancy check-ups; delivering more than 10,000 babies; and providing abortion care at clinics I opened in Houston and San Antonio, and another in Oklahoma.”

He went on to say that the new Texas law, known as S.B. 8, “shut down about 80 percent of the abortion services we provide.”

The so-called “fetal heartbeat” law in Texas bans all abortions after cardiac activity is detected, which can occur as early as six weeks into a pregnancy, before many people know they are pregnant.

While the law provides exceptions in medical emergencies, it does not for pregnancies resulting from rape or incest, and also allows virtually any private citizen to file a lawsuit against a person who has performed or aided in the performance of an abortion procedure.

Individuals who take legal action have the opportunity to win $10,000 for successful lawsuits.

Braid wrote Saturday that while he “fully understood that there could be legal consequences” for his decision, he “wanted to make sure that Texas didn’t get away with its bid to prevent this blatantly unconstitutional law from being tested.”

The doctor, who noted that his clinics are among the plaintiffs represented by the Center for Reproductive Rights in the federal lawsuit aimed at stopping the Texas abortion ban, added that he believes “abortion is an essential part of health care.”

“I have spent the past 50 years treating and helping patients,” he continued. “I can’t just sit back and watch us return to 1972.”

The Biden administration has already committed to fighting the Texas law, with the Department of Justice filing a motion this week requesting either a preliminary injunction or a temporary restraining order that would prevent the ban from going into effect.

The Department of Health and Human Services (HHS) said Friday that it would be taking action to protect patients and abortion providers in Texas, including by giving up to $10 million in grants for clinics who have seen an increase in demand following the implementation of the law.


TOPICS: News/Current Events; US: Texas
KEYWORDS: abortion; babykillers; bidenvoters; chat; chatforum; hhs; learnhowtopost; nolink; texas
Navigation: use the links below to view more comments.
first previous 1-2021-4041 next last
To: American Number 181269513

The law will be enforced. It is dependent upon a suit brought by someone other than the state government.


21 posted on 09/18/2021 8:09:15 PM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Drew68

You are correct.


22 posted on 09/18/2021 8:10:56 PM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
[ Post Reply | Private Reply | To 19 | View Replies]

To: Political Junkie Too
Not only will he not get arrested, he will be labeled a hero for breaking the law and killing this baby.

See here for the BS if you can tolerate it.

Fundamental Right’: Defiant Texas Doctor Goes Public About Abortion He Provided

23 posted on 09/18/2021 8:14:35 PM PDT by American Number 181269513 (Change before you have to)
[ Post Reply | Private Reply | To 7 | View Replies]

To: American Number 181269513

At least they didn’t provide IVM /sarcasm


24 posted on 09/18/2021 8:14:55 PM PDT by redgolum (If this is civilization, I will be the barbarian. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: DesertRhino

There is no criminal penalty. He has to be sued by a citizen.


25 posted on 09/18/2021 8:15:28 PM PDT by TexasGurl24
[ Post Reply | Private Reply | To 2 | View Replies]

To: American Number 181269513

There is no criminal penalty.


26 posted on 09/18/2021 8:16:00 PM PDT by TexasGurl24
[ Post Reply | Private Reply | To 23 | View Replies]

To: American Number 181269513

How barbaric is the claim that an abortion is a “medical” procedure. It certainly violates the Hippocratic Oath that demands that a physician “do no harm”.


27 posted on 09/18/2021 8:22:41 PM PDT by windsorknot
[ Post Reply | Private Reply | To 1 | View Replies]

To: American Number 181269513

He holds Satan higher than Texas Law. An evil man.


28 posted on 09/18/2021 9:11:24 PM PDT by vpintheak (Live free, or die!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: American Number 181269513

That “doctor” should be hung by the neck until dead. ANYONE committing abortion or contracting to have it performed is a murderer.


29 posted on 09/18/2021 9:45:03 PM PDT by backwoods-engineer (But what do I know? I'm just a backwoods engineer.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: American Number 181269513

Twisted


30 posted on 09/18/2021 9:46:12 PM PDT by kanawa ((Securing the 2022/2024 elections is of paramount importance.))
[ Post Reply | Private Reply | To 1 | View Replies]

To: American Number 181269513

They took the “do no harm” part out of the duty of physicians?


31 posted on 09/18/2021 10:41:06 PM PDT by AndyTheBear
[ Post Reply | Private Reply | To 1 | View Replies]

To: Texas Fossil
You are correct.

This is the best example of a "feel good, do nothing" law that I can think of.

But don't criticize it or people will cal you "pro-baby killer."

It's a stupid law and it's going to bite conservatives in their asses.

32 posted on 09/18/2021 10:46:27 PM PDT by Drew68
[ Post Reply | Private Reply | To 22 | View Replies]

To: EEGator

I remember that useless bastard. I was so glad to finally see someone brought him to justice at church of all places. To this day I consider the shooter a hero a selfless hero at that.


33 posted on 09/18/2021 11:22:47 PM PDT by Perhaps Today
[ Post Reply | Private Reply | To 10 | View Replies]

To: Drew68

Wait before you conclude this. Another case is pending in GA. This one goes directly to the source of the evil. It will be hard fought.


34 posted on 09/19/2021 3:38:31 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
[ Post Reply | Private Reply | To 32 | View Replies]

To: American Number 181269513
"Texas Man Murders Infant, Nation Yawns"

"NY Man Enters Diner Without Mask, Nation Outraged"

35 posted on 09/19/2021 3:56:01 AM PDT by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Leaning Right

A duty of care? Was this woman’s life in danger to the point that the only care option was an abortion?

More like a duty of care to his bank account and to his sociopathy/psychopathy.


36 posted on 09/19/2021 5:19:43 AM PDT by Cecily
[ Post Reply | Private Reply | To 11 | View Replies]

To: Political Junkie Too

“Is he getting his license revoked?”

Your post made me think. Has any state approached restricting abortion by revoking the licenses of physicians who perform them? It would seem to be within the purview of a state’s right to regulate the practice of medicine within its borders, but I don’t recall ever reading about any state trying that approach.


37 posted on 09/19/2021 5:50:05 AM PDT by I-ambush (If we make it we’ll all sit back and laugh, but I fear tomorrow I’ll be crying)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Drew68
This is the best example of a "feel good, do nothing" law that I can think of.

It’s worse than that, if you read the statute. It makes a mockery of the standing doctrine, provides for one-way fee shifting, allows blatant forum-shopping, denies constitutional protections for the accused (make no mistake, they can call it “damages” but it is plainly a criminal fine), prohibits sanctions for frivolous lawsuits, and requires those challenging the statute’s constitutionality to pay the government’s attorney fees. It is an abuse of state power written by a lawyer who probably thought he came up with a clever way to evade judicial review. In that, it has been moderately successful, but that will only last until someone is actually sued under the statute. At that point, the suit will ultimately be dismissed for lack of constitutional standing under the Texas constitution.

Abortion should be illegal. The way to do it is to make it a crime and then push for Roe to be overturned.

38 posted on 09/19/2021 7:11:52 AM PDT by The Pack Knight
[ Post Reply | Private Reply | To 32 | View Replies]

To: I-ambush

Texas and Louisiana tried a similar regulatory approach by requiring doctors performing abortions to have admitting privileges at hospitals. The Supreme Court held, in 2016 and 2020, both states’ laws unconstitutionally burdened the right to an abortion. It is impossible to see how revoking the licenses of abortion doctors would not be unconstitutional for the same reason, if those cases are followed.

Both cases were 5-4. In 2016, Kennedy joined the liberals in the majority. In 2020, after Kavanaugh jointed the court but before Ginsburg died, Roberts gave the liberals their fifth vote by concurring in the judgment, even though he dissented in the Texas case, based purely on stare decisis.


39 posted on 09/19/2021 7:29:58 AM PDT by The Pack Knight
[ Post Reply | Private Reply | To 37 | View Replies]

To: I-ambush
The only one I can think of is Kermit Gosnell.

-PJ

40 posted on 09/19/2021 10:52:51 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson