TX Anti-Abortion Law

[Uninformed]

“‘Anonymous’ hackers have a message for Texas abortion ‘snitch’ sites: We’re coming for you“:
https://www.dailydot.com/debug/anonymou ... tion-jane/

[Dr. Ken]

Here's the way back machine link it was glorious
https://web.archive.org/web/20210911101 ... asgop.org/

[MN-Skeptic]

Akiva Cohen - one of the good lawyers that I follow on twitter - tweeted the following:



Enlightenment of what he's doing was provided in reply tweets -



And a reference to Whole Woman's Health v. Hellerstedt

[Lani]

Texas.png (258.84 KiB) Viewed 2099 times

[Volkonski]

[Volkonski]

[Volkonski]

[bob]

The complaint is ... uhhh ... "interesting": The plaintiff, Oscar Stilley, is from Arkansas and a federal felon "tax protester."

To state the obvious: the doctor wrote about violating the Texas law to attract this kind of lawsuit.

[neeneko]

The complaint is ... uhhh ... "interesting."

The plaintiff, Oscar Stilley, is from Arkansas and a federal felon "tax protester."

To state the obvious: the doctor wrote about violating the Texas law to attract this kind of lawsuit.

I am guessing someone hoping to become famous by filing the lawsuit and using that to bring attention to their grievance.

[jcolvin2]

Oscar Stilley has a page on Quatloos!
Link to Quatloos

[Phoenix520]

Thus, I assume, is about the quality expected from all future suits, yes? A chance to wax eloquent on the perfidies of wayward women and surgeons while at the same time picking up a quick 10K? Or 100K, if you’re lucky/ask nicely. This is a most unChristian thing, all of it.

These hateful people can take their hats and their cattle and skedaddle, for all I care. Wtf do Texans think is going to happen if their secession succeeds? Can’t hardly pick Texas up by her corners and carry her off. Do they think they’ll just lurk there in the corner of the country, no allegiance any longer to the United States, the perfect training ground for terrorists?

[Frater I*I]

Thus, I assume, is about the quality expected from all future suits, yes? A chance to wax eloquent on the perfidies of wayward women and surgeons while at the same time picking up a quick 10K? Or 100K, if you’re lucky/ask nicely. This is a most unChristian thing, all of it.

These hateful people can take their hats and their cattle and skedaddle, for all I care. Wtf do Texans think is going to happen if their secession succeeds? Can’t hardly pick Texas up by her corners and carry her off. Do they think they’ll just lurk there in the corner of the country, no allegiance any longer to the United States, the perfect training ground for terrorists?

It already is....

[northland10]

Oscar Stilley has a page on Quatloos!
Link to Quatloos

This was a fun little bit there from wserra:

Post by wserra » Tue Dec 09, 2008 12:57 pm

And Stilley opens his defense of his law license by taking the Fifth.

Most people would not see this as a promising development for his prospects of remaining in the profession.

[northland10]

The complaint is ... uhhh ... "interesting."

The plaintiff, Oscar Stilley, is from Arkansas and a federal felon "tax protester."

To state the obvious: the doctor wrote about violating the Texas law to attract this kind of lawsuit.

I am guessing someone hoping to become famous by filing the lawsuit and using that to bring attention to their grievance.

He is under supervision by the Bureau of Prison's Residential Reentry Management office in Dallas, so that is probably how he is deciding he can be in Texas. I am not sure if he is in some facility there or in-home confinement somewhere. His full release date is not till August 2023. It may make it tough to attend hearings.

[raison de arizona]

The lawsuit states that he is on home confinement in Cedarville, AR.

[bob]

And the Texas law doesn't say you have to be a citizen of Texas, or even be in Texas, to sue.

[Foggy]

They'd like having a longer border.

[Volkonski]

[slq]

Stephen Miller.

[Volkonski]

[neonzx]

sucks to be them.

[AndyinPA]

https://apnews.com/article/abortion-hea ... 218b268bbe

TALLAHASSEE, Fla. (AP) — An abortion bill similar to one signed into law in Texas was filed in Florida on Wednesday that would ban most abortions in the state and would allow lawsuits against doctors who violate it.

The legislation filed by Republican Rep. Webster Barnaby immediately met with opposition from Democrats who want to preserve the right to legal abortions. Barnaby’s office said he wasn’t ready to comment on it.

“This bill is dangerous, radical, and unconstitutional. The hypocrisy of this attempt by Governor (Ron) DeSantis and Republicans in the state legislature to take away our rights while at the same time preaching ’my body, my choice’ when it comes to wearing masks is absolutely disgusting,” Agriculture Commissioner Nikki Fried said in a statement. Fried is a Democratic candidate to challenge DeSantis next year.

While similar bills have died in the Florida Legislature in past sessions, the debate has heated up since the U.S. Supreme Court chose not to block the Texas law that bans abortion when a so-called “fetal heartbeat” is detected, or about six weeks into pregnancy, before many women realize they are expecting.

I'll cross post this if I can find a better spot for Florida.

[RTH10260]

Two disbarred lawyers sued a Texas doctor who performed an abortion. Flustered ‘pro-lifers’ are backpedaling
Anti-choice groups are embarrassed that their draconian law is being enforced the way it was designed

Moira Donegan
Sun 26 Sep 2021 11.27 BST

Dr Alan Braid, an OBGYN based in San Antonio, broke the law on purpose. In an essay published in the Washington Post last Saturday, the doctor announced that he performed an abortion on a woman who was past six weeks of gestation, the limit imposed by Texas’s new abortion ban, SB8. The doctor wrote that he felt morally obliged to perform the procedure, his worldview shaped by his years in obstetric practice having conversations with patients who revealed that they were terminating their pregnancies because they couldn’t afford more kids, because they had been raped, because they were with abusive partners, or because they wanted to pursue other dreams.

He wrote, too, of beginning his practice in 1972, the year before Roe v Wade, the last time an outright ban on abortion was in effect in his state. “At the hospital that year, I saw three teenagers die from illegal abortions,” Dr Braid wrote. “One I will never forget. When she came into the ER, her vaginal cavity was packed with rags. She died a few days later from massive organ failure, caused by a septic infection.” Dr Braid reasoned that to avoid such needless deaths, he had a “duty of care” to the woman whose newly illegal abortion he performed.

He was promptly sued. Two complaints – both from men living out of state – were filed against Dr Braid on Monday morning. One, a rambling, weird document, comes from a convicted felon and disbarred former attorney named Oscar Stilley, who is serving a prison term on house arrest in Arkansas. That complaint, which Stilley seems to have written himself, makes multiple references to Dr Braid’s conduct regarding “bastards” and his supposed belief in a god referred to by the Hebrew name “Elohim.” Stilley, who has said he does not personally oppose abortion, feels strongly that “if there’s money to be had, it’s going to go in Oscar’s pocket.”

The second lawsuit is from a man named Felipe Gomez of Illinois, another disbarred lawyer, who labels himself “pro-choice plaintiff”, and whose complaint asks only that SB8 be overturned. These test cases, strange and off-putting as they are, now represent the best chance for SB8 to be vacated, and for abortion rights to be returned to Texans – at least for now.

It didn’t have to be this way. When a conservative state passes an abortion ban – as they do with some regularity – state employees are usually tasked with enforcing the law, those employees are named as defendants in lawsuits brought by pro-choice groups, and the law is blocked from going into effect by courts that declare it unconstitutional before any real patients are denied abortion care. But Texas’s SB8 was designed to elide this normal process of judicial review, with a novel enforcement mechanism that bars state agents from acting to enforce the law. Instead, the law can only be enforced by private civil suits against people suspected of facilitating abortions – lawsuits, that is, like the ones filed by Stilley and Gomez.

This private enforcement mechanism is like a legal Rube Goldberg machine built into SB8, creating a clever way to evade courts recognizing the bill’s abortion ban as unconstitutional. Created by an insidious conservative lawyer named Jonathan Mitchell, the loophole was designed to confound lawsuits against the law’s constitutionality with procedural, rather than substantive, questions, and to guarantee that SB8 would go into effect. The device is transparent bid to circumvent the authority of the federal courts. But those same federal courts, by now warped by decades of anti-choice influence on the judicial nominations process, let it slide anyway. Judges on the fifth circuit court of appeals, and later on the supreme court, found that the procedural questions that were engineered by SB8 provided them a sufficient pretext to do what they wanted to do anyway: allow a state to outlaw abortion within its borders, and effectively end Roe.

And so, when the supreme court allowed SB8 to go into effect, it left the pro-choice movement with no choice. Pre-enforcement litigation failed on flimsy and artificial procedural grounds; what was needed was an illegal abortion, performed by someone willing to take on enormous personal risk, to create a test case. Only a deliberate legal violation would allow SB8 could be reviewed on the merits. This is where Dr Braid comes in. In addition to the enormous service he gave to the patient whose abortion he performed, he also did a service to the pro-choice movement, and to women statewide. He took on enormous personal liability so that the question of their right to an abortion could get a fair hearing.


https://www.theguardian.com/commentisfr ... ckpedaling

[Tiredretiredlawyer]

Good for Dr. Braid!!!!!!!!

[Slim Cognito]

Indeed. I wonder if he'd made prior arrangements with the ACLU or another civil liberties legal org.