An American gynecologist said this weekend that he had violated Texas’ new law on abortion, exposing itself to prosecution which could allow the constitutionality of this text to be tested in court.
In a column published by the Washington Post, Alan Braid explains having performed an abortion on September 6 on a woman who “Was beyond the new limit set by the State” Southern Conservativeunited states.
READ ALSO: United States. In Texas, the abortion battle is anything but over
The doctor, who has 45 years of professional experience, explains that he acted in accordance with his “Duty of care” towards his patient, and out of respect for “His fundamental right” to be taken care of.
“I know very well that there could be legal consequences, but I want to be sure that the bet of Texas, which seeks to avoid the examination of its clearly unconstitutional law, does not work”, he adds.
Prohibition of abortion, even in cases of rape or incest
The new law, which came into force on September 1, prohibits abortion – even in cases of rape or incest – once the embryo’s heartbeat is detected, i.e. at around six weeks of pregnancy.
According to its detractors, it contradicts the jurisprudence of the Supreme Court of the United States which recognized, from 1973, a right of women to abort as long as the fetus is not viable, that is to say at about 22 weeks of pregnancy.
Despite everything, the highest court in the country has so far refused to suspend it citing “New questions of procedure”.
The text in fact includes an unprecedented provision: it entrusts the task of enforcing the measure. “Exclusively” to citizens, called on to file a complaint against any person suspected of having helped a woman to have an abortion after six weeks of pregnancy.
This jurisdiction has so far made it difficult for federal courts to intervene: Abortion advocates typically sue law enforcement prosecutors, but in the case of Texas, they have not. no one to cite as long as no complaint has been filed.
First complaint
Doctor Braid’s confession should make it possible to break this impasse. If he is sued, he can challenge the legality of the law and a court can decide.
On Monday, abortion opponents appeared to be seeking to avoid that route. The Operation Rescue group has thus announced that it has opted for an appeal before the administrative authorities to ask them to revoke Dr. Braid’s license, without activating the new law.
A former lawyer struck out of the Arkansas bar and convicted of fraud, has taken this step, but his complaint is framed in such fancy terms that it’s hard to tell if it has a chance of success.
Another legal route has been opened in parallel by the government of the Democratic President Joe Biden who brought a complaint directly against the State of Texas for violation of the Constitution.
All of his actions could provide the United States Supreme Court with an opportunity to get to the bottom of the matter.
In the meantime, the high court, profoundly altered by Donald Trump, agreed to consider another law, from Mississippi, which prohibits abortion after 15 weeks of pregnancy. It could take the opportunity to unravel its jurisprudence in a lasting way.
She announced Monday that the eagerly awaited hearing would take place on December 1, for a decision by June 2022.
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