Arkansas man sues Texas doctor over state abortion law, hoping to trigger court review


FORT SMITH, Ark. (KNWA/KFTA) — A Texas doctor who said he performed an abortion since it essentially became illegal in the state became the first person sued for doing so since then. An Arkansan filed that lawsuit in hopes it’ll be deemed unconstitutional.

Oscar Stilley lives in Fort Smith, and he filed the lawsuit. He’s a former lawyer who was convicted on federal tax evasion charges in 2009. Under the new Texas law, doctors cannot perform abortions once a heartbeat is detectable, which is usually around six weeks.

Stilley filed the lawsuit against Dr. Alan Braid, the San Antonio doctor who said he performed the abortion. Stilley said he sued because he wants courts to review Texas’ new law. He said he isn’t against abortion.

“They’re trying to insulate this thing from judicial review because the proponents thought this thing wouldn’t pass constitutional muster if opponents got a shot at it,” Stilley said. “I think that’s a terrible thing to govern and a terrible way for society to run its business.”

An Illinois man also filed a lawsuit against the same doctor, hoping the courts will declare the law unconstituional.

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