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Judge throws out ‘stunt’ lawsuit against abortionist who violated Texas Heartbeat Act
A Texas judge has thrown out a lawsuit against an abortionist who violated the state’s law protecting preborn children from abortion after a fetal heartbeat is detected.
Alan Braid publicly flouted the state’s Heartbeat Act when he committed a first-trimester abortion on September 6, 2021, five days after the law took effect. In response, he was immediately sued by plaintiffs who were hoping to capitalize on the state’s unique law allowing private citizens to bring a lawsuit against anyone who “aids or abets” in abortion.
According to the Texas Tribune, three lawsuits were filed against Braid for his law violation, although only one was formally served. That suit was filed by Felipe Gomez, an attorney who, according to Texas Right to Life, is pro-abortion and had “the goal of declaring the law to be unconstitutional.” NBC News reports that should Gomez win the lawsuit and receive the $10,000 in damages, he would likely donate it to an abortion rights group.
After the lawsuits filed by Gomez and another disbarred attorney, Oscar Stilley, Texas Right to Life put out a statement noting, “Neither of these lawsuits are valid attempts to save innocent human lives. Both cases are self-serving legal stunts, abusing the cause of abortion created in the Texas Heartbeat Act for their own purposes.”
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In his December 8 ruling, District Judge Aaron Haas threw out the lawsuit, claiming that since Gomez had no connection to the abortion, he had no legal standing to sue.
Though Braid broke state law by committing the abortion, he has since closed his abortion facilities in the state, according to the Texas Tribune. With the overturn of Roe v. Wade, Texas law now protects most preborn children from abortion.
“It is heartbreaking that Texans still can’t get essential health care in their home state and that providers are left afraid to do their jobs,” Braid said in a statement. “Though we were forced to close our Texas clinic, I will continue serving patients across the region with the care they deserve at new clinics in Illinois and New Mexico.”
Gomez is expected to appeal the decision.
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