An American gynecologist has decided to bring justice before a fait accompli so that it takes sides.

Alan Braid said last weekend that he had violated Texas' new abortion law, voluntarily exposing himself to prosecution that could test the constitutionality of this text in court.

In a column published by the

Washington Post

, the gynecologist explains that he performed an abortion on September 6 on a woman who "was beyond the new limit set by the state".

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 want to be sure that the Texas gamble, which seeks to avoid the examination of its clearly unconstitutional law, does not work," he adds.

Against federal jurisprudence

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 country's highest court has so far refused to suspend it, citing "new procedural questions".

The text indeed includes an unprecedented provision: it entrusts the care of applying the measure "exclusively" to citizens, called to file a complaint against any person suspected of having helped a woman to have an abortion after six weeks of pregnancy.

Break the deadlock

This legal 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.

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 seek to avoid this path.

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.

In the meantime, the Supreme Court of the United States, deeply overhauled by Donald Trump, has agreed to examine 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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