Born-Alive Abortion Survivors Protection Act
The Born-Alive Abortion Survivors Protection Act is a proposed United States law that would penalize healthcare practitioners who fail to provide care for an infant that is born-alive from an abortion attempt.[1] It was introduced in the 114th, 115th, 116th, 117th, and 118th Congresses.
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| Long title | To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion. |
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| Announced in | the 118th United States Congress |
| Number of co-sponsors | 166 |
| Legislative history | |
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Background
[edit]Abortion is a contentious political issue in the United States. The abortion-rights movement which argues that a woman's right to privacy and bodily autonomy extends to the right to an abortion, is predominantly upheld by the Democratic Party. The anti-abortion movement, which argues that an embryo or fetus has rights that must be protected by law, is largely upheld by the Republican Party.
The anti-abortion movement has claimed that viable infants have been left to die following failed abortion procedures. On August 5, 2002, President George W. Bush signed into law the Born-Alive Infants Protection Act, which established that every infant who survives an abortion procedure is considered a person under federal law.[2] However, this law did not establish explicit criminal penalties for failing to treat such infants, and the Born-Alive Abortion Survivors Protection Act has been introduced in every Congress since the 114th in attempts to remedy it.[needs update]
Following the reversal of federal abortion rights in Dobbs v. Jackson Women's Health Organization, the anti-abortion movement has called for federal legislation restricting abortion.[3] Dobbs has been blamed for Republican underperformance in the 2022 midterm elections, so the advancement of such legislation is considered to be politically risky for the Republican Party.[4][5]
Provisions
[edit]The bill requires that any infant born from an abortion attempt be given the same amount of care as any other infant born at same gestational age, such as in a preterm birth. Failure for a healthcare practitioner to do can be penalized with up to five years imprisonment under the bill. Violations of the law are required to be reported to a hospital or law enforcement. The bill also authorizes a right to civil action to the mother of which an infant had been neglected care.[1]
Opponents of the bill have called its provisions unnecessary and misleading, with the criminal penalties having the potential to deter a doctor's best judgment.[6]
Legislative history
[edit]As of March 21, 2024
| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 114th Congress | Born-Alive Abortion Survivors Protection Act | H.R. 3504 | September 15, 2015 | Rep. Trent Franks (R-AZ) | 98 | Referred to the House Judiciary Committee Passed the House of Representatives (248-177-1)[7] |
| S. 2066 | September 22, 2015 | Sen. Ben Sasse (R-NE) | 38 | Referred to the Senate Judiciary Committee | ||
| 115th Congress | Born-Alive Abortion Survivors Protection Act | H.R. 37 | January 3, 2017 | Rep. Trent Franks (R-AZ) | 90 | Referred to the House Judiciary Committee |
| S. 220 | January 24, 2017 | Sen. Ben Sasse (R-NE) | 36 | Referred to the Senate Judiciary Committee | ||
| 116th Congress | Born-Alive Abortion Survivors Protection Act | H.R. 962 | February 5, 2019 | Rep. Ann Wagner (R-MO) | 193 | Referred to the House Judiciary Committee |
| S. 130 | January 15, 2019 | Sen. Ben Sasse (R-NE) | 49 | Referred to the Senate Judiciary Committee | ||
| 117th Congress | Born-Alive Abortion Survivors Protection Act | H.R. 619 | March 22, 2021 | Rep. Ann Wagner (R-MO) | 208 | Referred to the House Judiciary Committee |
| S. 123 | January 28, 2021 | Sen. Ben Sasse (R-NE) | 45 | Referred to the Senate Judiciary Committee | ||
| 118th Congress | Born-Alive Abortion Survivors Protection Act | H.R. 26 | January 11, 2023 | Rep. Ann Wagner (R-MO) | 166 | Referred to the House Judiciary Committee Passed the House of Representatives (220-210-1)[8] |
| S. 204 | February 1, 2023 | Sen. John Thune (R-SD) | 43 | Referred to the Senate Judiciary Committee |
See also
[edit]References
[edit]- ^ a b "Wagner, Scalise, Cammack Introduce Born Alive Abortion Survivors Protection Act". 2023-01-03. Archived from the original on 2023-01-14.
- ^ "President Signs Born-Alive Infants Protection Act". The White House. 2002-08-05. Retrieved 2023-01-14..
- ^ Grabenstein, Hannah (2023-01-13). "In a post-Roe U.S., what's next for the anti-abortion movement?". PBS News. Retrieved 2023-01-14.
- ^ Radcliffe, Mary (2022-11-17). "Abortion Was Always Going To Impact The Midterms". FiveThirtyEight. Retrieved 2023-01-14.
- ^ Foran, Clare; Zanona, Melanie (2023-01-12). "House passes "born alive" abortion bill". CNN Politics. Retrieved 2023-01-14.
- ^ Ayers, Jacquelyn (2023-01-11). "FACT CHECK: So-Called "Born Alive" is Another Lie To Stigmatize Abortion". Planned Parenthood. Retrieved 2023-01-14.
- ^ Roll Call 506 | Bill Number: H. R. 3504
- ^ Roll Call 29 | Bill Number: H. R. 26