Texas judge tosses first lawsuit filed under abortion ban

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Texas judge tosses first lawsuit filed under abortion ban

A Texas judge tossed out the first lawsuit filed under the state’s controversial abortion ban.

Bexar County Judge Aaron Haas dismissed a lawsuit filed by Chicago attorney Felipe Gomez against Dr. Alan Braid of San Antonio, after the doctor wrote in a Washington Post Op-Ed that he had intentionally violated the state’s abortion law just days after it took effect in September.

The law bans abortions after roughly six weeks into a pregnancy, and allows civil suits against anyone who “aids or abets” an unlawful abortion, for a minimum of $10,000 in damages.

In the opinion piece published Sept. 18, Braid wrote that he performed the procedure on a woman more than six weeks into her pregnancy “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.”

“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.

Judge Aaron Haas dismissed a lawsuit filed by Chicago attorney Felipe Gomez.
Judge Aaron Haas dismissed a lawsuit filed by Chicago attorney Felipe Gomez.
Judge Aaron Haas/Facebook

Haas ruled from the bench that a person who is not directly affected by the abortion procedure had no standing to sue an abortion provider.

While the ruling does not overturn Texas’ abortion ban that went into affect after the Supreme Court struck down Roe v. Wade this summer, opponents are hoping the decision will establish a precedent that someone must show they were harmed in order to file suit, the San Antonio Express News reported.

Protestors opposing Texas' abortion policies at a rally in Austin.
Protestors oppose Texas’ abortion policies at a rally in Austin.
Getty Images

Gomez said that he has filed a notice of appeal.

With Post wires

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