Ex-lawyer under house arrest could blow up Texas abortion law
The deadlock over this blatantly unconstitutional law may soon end.
Photo credit: Jordan Vonderhaar / Getty Images
The men who crafted Texas’ recently implemented ban on most abortions have been devilishly smart to come up with a self-defense law enforcement plan that relies on people suing abortion providers, this who made judicial review of the law difficult enough for the Supreme Court to deny the opportunity to find it patently unconstitutional. And so, for a few weeks, it looked like a standoff between abortion providers fearing prosecution and a disciplined anti-abortion movement reluctant to take legal action that would have the law reviewed and frozen in the courts. Corn lawmakers may have gone too far in allowing lawsuits by any old yahoo, even those who live out of state, who know how to find a courthouse in Texas.
Over the weekend, Dr. Alan Braid, a San Antonio OB / GYN seeking to force judicial review of SB 8, reported in a Washington To post room this he had broken the law. And now a lawyer apparently struck off the bar living under house arrest in Arkansas filed the first action for execution against the doctor. As the To post reports, Oscar Stilley, âa former lawyer convicted of tax evasion in 2010,â filed a lawsuit in San Antonio alleging that Braid violated SB 8, which he fully admits. Between the two of them, it looks like they are going to begin a judicial review of the law.
What makes this turn of events particularly rich is that Stilley is not even “personally opposed” to abortion, he told To post, and therefore does not receive right to life emails urging true believers to calm down on the lawsuits at this time. He claims to believe, like any lawyer (or former lawyer), that the law, which violates 48 years of Supreme Court precedent, deserves judicial review. He would also not care about the bonus money the law gives to vigilantes: “If the state of Texas decided it was going to give a bounty of $ 10,000, why shouldn’t I get that bounty of $ 10? 000? He probably needs it since he is currently serving a 15-year house arrest sentence for his tax problems. His lawsuit in the Texas court, in fact, makes it clear that this “disqualified and disgraced lawyer” is probably simply seeking to call attention to his allegations regarding “the baseless conviction and felony sentence that has placed him in various federal prisons, and now under house arrest. “That’s what activating random litigants will do for you. It also appears that another man from Illinois, who described himself as a” pro-choice plaintiff, “filed a similar lawsuit against Braid.
Texas anti-abortionists unhappy with this turn of events, New York says Times:
“None of these lawsuits are a valid attempt to save innocent human lives,” said John Seago, chief executive of Texas Right to Life, the state’s largest anti-abortion group, which has lobbied for it. new abortion law. “Both cases are selfish legal stunts, abusing the cause of action created in the Texas Heartbeat Act for their own purposes.”
Call me a river, John. If you invest money to attract random lawsuits from random people, you won’t have to insist that they share your ideology.
Assuming this is not a revival of Little Abner that jumped into real life, the next step would be for someone (possibly Attorney General Merrick Garland) to file a lawsuit in federal district court to direct one or both of the two prosecutions, which would trigger the blocking the law itself. awaiting examination before the Fifth Circuit Court of Appeal, then the Supreme Court. We’ll see if the court crooks who crafted this law, or the judges who wink at it, have another move up their sleeves.